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Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
Article • December 15, 2002 • from PLN December, 2002
Washington Gift Publication Ban Not Clearly Unconstitutional Before Crofton by The Ninth Circuit Court of Appeals held that prior to its opinion in Crofton v. Roe, 170 F.3d 957 (9 th Cir. 1999) it was not clearly established that prison bans on gift publications were unconstitutional. In 1996 a federal …
Article • December 15, 2002 • from PLN December, 2002
Prisoner Allowed Discovery in Mail Destruction Case by The Second Circuit court of appeals has reversed summary judgment in a case involving the destruction of legal materials in a package mailed to a prisoner to allow the prisoner discovery to determine the name of the person who received the package …
Article • November 15, 2002 • from PLN November, 2002
Advocacy Groups Challenge Arizona Internet Communications Ban by On July 18, 2002, the Canadian Coalition Against the Death Penalty(CCADP), Citizens United for Alternatives to the Death Penalty(CUADP) and Stop Prisoner Rape(SPR), filed a federal law suit against Terry L. Stewart Director of the Arizona Department Of Corrections(ADOC) pursuant to 42 …
Article • August 15, 2002 • from PLN August, 2002
States Capitulate on Reading Legal Mail by John E Dannenberg by John E. Dannenberg The disturbing trend of several states to inspect legal mail outside the presence of the prisoner [see PLN Mar. 2002 "State Prisons Abrogate Attorney Client Privilege"] has begun to crumble under court challenges. Begun under the …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Oregon DOC Over Mail Censorship, Again by On April 2, 2002 Prison Legal News filed suit in federal court in Portland, Oregon, challenging the Oregon prison system's ongoing attempts to prevent Oregon prisoners from subscribing to PLN and receiving their subscriptions or book orders if they did subscribe. …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Kansas DOC Over Censorship Policies by PLN Sues Kansas DOC over Censorship Policies On April 4, 2002, PLN sued the Kansas DOC challenging various prison-system-wide polices that prevent Kansas prisoners from being able to subscribe to PLN or to receive the books that PLN distributes. For at least …
Article • June 15, 2002 • from PLN June, 2002
Oregon Bulk Mail Ban Struck Down Again by The Ninth Circuit Court of Appeals held that a rule of the Oregon Department of Corrections (ODOC) prohibiting prisoners from receiving bulk rate, third and fourth-class mail, is unconstitutional, as applied to pre-paid, for-profit, subscription publications. The Court also held that a …
Brief • June 12, 2002
Prison Legal News v. Schumacher, OR, Amended Complaint, DOC Mail Censorship, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 MARC D. BLACKMAN RANSOM BLACKMAN LLP 1001 S.W. Fifth Street, Suite 1400 Portland, OR 97204 (503) 228-0487 (telephone) (503) 227-5984 (facsimile) marc@ransomblackman.com OSB No. 73033 …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
Wisconsin Ban on Sexually Explicit Materials Unconstitutional by Bob Williams The Federal District Court for the Western District of Wisconsin has denied a motion for summary judgment finding the Wisconsin Department of Corrections' (WDOC) ban on sexually explicit materials violated prisoners' First Amendment freedom of speech and Fourteenth Amendment due …
Article • April 15, 2002 • from PLN April, 2002
No Immunity for Photo Limit by The Court of Appeals for the Eighth Circuit, in a per curium opinion, held that Arkansas prison officials were not entitled to qualified immunity for promulgating a policy that allows prisoners to retain only five photographs in their cells. Len Davis, a federal prisoner …
Article • March 15, 2002 • from PLN March, 2002
State Prisons Abrogate Attorney-Client Mail Privilege by Just as the federal government has seized on the events of September 11, 2001, to push for a long list of previously desired powers and restrictions on civil liberties, state prison systems have done the same. Several states, including Massachusetts, Virginia, New Jersey, …
Idaho's Prison Labor Scandal by Silja JA Talvi by Silja J.A. Talvi Over the past decade, Idaho's state prison system has been rocked by a steady stream of scandals ranging from the sexual abuse of prisoners to the violation of prisoners' First Amendment rights. But nothing has shaken the Idaho …
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
You're in the Hole: A Crackdown on Dissident Prisoners by Anne-Marie Cusac It was September 19, 2001. Elizabeth McAlister had not heard from her husband, Philip Berrigan, in more than a week. Such silence on Berrigan's part was "most unusual," she says. Convinced that something was wrong, she telephoned the …
Article • February 15, 2002 • from PLN February, 2002
PLN Sues Utah Jail Over Publication Ban; Jail Settles by In September 2001, Prison Legal News sued the Millard County jail in Utah over its policy of prohibiting jail prisoners from receiving or subscribing to newspapers or magazines, including PLN . The jail censors all publications sent to prisoners. Due …
Article • February 15, 2002 • from PLN February, 2002
Filed under: Mail, Mail Regulations
PLN Sues Washington DOC Over Mail Censorship - Again by On November 27, 2001, Prison Legal News sued Washington Department of Corrections (DOC) officials across the state for its policies and practices of censoring mail items sent by PLN to Washington state prisoners. The suit names DOC Secretary Joseph Lehman, …
Article • January 15, 2002 • from PLN January, 2002
Filed under: Editorials, Mail, Legal Mail
From the Editor by Paul Wright Welcome to the New Year. This will mark PLN's thirteenth year of publishing, and we hope to make significant strides in terms of increasing both PLN 's circulation and its size. We need an additional $500 per month to add four pages to PLN …
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