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Article • February 15, 2000 • from PLN February, 2000
New Jersey Sex Offender Porn Ban Upheld by In the May, 1999, issue of PLN we reported Waterman v. Verniero, 12 F. Supp. 364 (D NJ 1998) where a federal district court preliminarily enjoined a New Jersey law banning sexually oriented material from a sex offender treatment prison. The same …
BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
PLN Sues Washington DOC over Censorship of Nazi Guard Exposé by PLN Sues Washington DOC over Censorship of Nazi Guard Exposé On August 27, 1999, Prison Legal News filed suit in federal court in Spokane, Washington, seeking a court injunction to ensure the delivery of the May, 1999, issue of …
Article • September 15, 1999 • from PLN September, 1999
DC Circuit Lifts Injunction on BOP Porn Ban by In the March 1997 issue of PLN we reported that Congress passed the "Ensign Amendment," prohibiting the use of Bureau of Prisons (BOP) funds to distribute sexually explicit material to prisoners. The BOP adopted regulations defining the terms of the ban …
Article • August 15, 1999 • from PLN August, 1999
PLN Sues Alabama DOC Over Gift Subscription Ban by 0n May 13, 1999, Prison Legal News (PLN) filed suit in the U. S. District Court for the middle district of Alabama against the Alabama Department of Corrections (DOC). The Alabama DOC has Administrative Regulation 303 which states: "Inmates may receive …
Article • August 15, 1999 • from PLN August, 1999
PLN Sues Utah Jail over "Bulk Mail" Ban by PLN Sues Utah Jail over "Bulk Mail" Ban 0n March 30, 1999, PLN sued the San Juan county jail in Utah over its ban on third class mail (AKA "bulk mail"). The jail has a policy under which it refuses to …
Article • August 15, 1999 • from PLN August, 1999
Washington Legislature Amends 35% Law, Again by Paul Wright RCW 72.09:480 was enacted in 1995 as part of House Bill (FIB) 2410, a massive prisoner bashing bill that unanimously passed the legislature that year. RCW 72.09.480 was slipped into HB 2010 with no public hearings, debate or notice. The law …
Article • August 15, 1999 • from PLN August, 1999
Iowa Ban on Tapes with Parental Warning Upheld by Paul Wright By Paul Wight The court of appeals for the Eighth circuit held that an Iowa prison's ban on cassette tapes with parental advisory notices due to "explicit lyrics" was permissible. Michael Herlein, a former Iowa state prisoner, filed suit …
Article • July 15, 1999 • from PLN July, 1999
Missouri Ends Ad Seg Ban on Publications by On October 22, 1998, the Potosi Correctional Center (PCC) in Missouri ended its ban on publications sent to prisoners in administrative segregation (ad seg). PCC houses a control unit where prisoners are kept in ad seg for lengthy periods of time. The …
Washington Gift Subscription Ban Injunction Affirmed by In the February, 1998, issue of PLN we reported Crofton v. Spalding and Crofton v. Ocanaz. Both were unpublished rulings from the U.S. district court in Spokane, Washington. Two separate judges ruled that a Washington State Penitentiary (WSP) policy requiring that prisoners purchase …
Article • June 15, 1999 • from PLN June, 1999
Florida Porn Ban Challenged by On December 31, 1998, an amended complaint was filed in the US district court for the Southern District of Florida in Miami challenging the Florida Department of Corrections' ban on sexually explicit material. In 1998 the Florida DOC changed Florida Administrative Code (FAC) 33-3.012 to …
Article • June 15, 1999 • from PLN June, 1999
Federal Prisoners Must Exhaust Administrative Remedies Before Suing by The court of appeals for the Eleventh Circuit has held that federal prisoners must exhaust administrative remedies before filing a Bivens suit against prison officials. Michael Alexander, a federal prisoner, filed a Bivens suit challenging the constitutionality of prison regulations prohibiting …
Utah Jail Censorship Suit Settled for $68,682 by On October 28, 1998, a class action suit challenging various censorship rules at the Davis County Jail in Utah was settled for $11,682 in damages and $57,000 In attorney's fees. In 1995 the Davis County Jail enacted policies banning books, newspaper clippings …
New Jersey Porn Ban Struck Down by In two separate rulings a federal court in New Jersey held that a New Jersey statute prohibiting imprisoned sex offenders from receiving or possessing sexually oriented materials was unconstitutional. The two rulings consist of a preliminary injunction and a permanent injunction enjoining the …
Article • April 15, 1999 • from PLN April, 1999
Mauro Vacated for Rehearing by In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) which struck down as unconstitutional an Arizona jail's ban on sexually explicit material. The Ninth circuit has ordered that opinion withdrawn because a panel of 11 judges …
Article • April 15, 1999 • from PLN April, 1999
PLN Sues Michigan DOC over Censorship of The Celling of America by On February 8, 1999, PLN sued the Michigan Department of Corrections in U.S. District Court in Ann Arbor, Michigan. In April, 1998, prison officials at the Huron Valley Men's Facility censored a copy of PLN 's critically acclaimed …
Article • April 15, 1999 • from PLN April, 1999
From the Editor by Paul Wright In January the Washington prison system implemented new mail censorship rules. This is in line with the national trend by prisons and jails who seek to cut off the flow of information to prisoners and also keep outsiders as ignorant as possible of what …
Brief • March 30, 1999
Brooks v. Stalder, LA, Judgment, Book Censorship, 1999 UNITED STATES DISTRICT COURT ... FILED U.~. :r·1,..,..· -r.:~.,. :-'," r.r:"R ";(J T MIDDLE DISTRICT OF LOUISIANA "~ • I:'. GEORGE BROOKS JR. ,...",:, , --". 99 H,~/? 30 t,!.! .e, I~' '.1. /9 (#112526) !.. . J21CH .--::--.-... CIVIL ACTIoN ~,ttO …
Article • March 15, 1999 • from PLN March, 1999
PLN Sues Utah Jail Over Publication Ban; Suit Settled by The Box Elder county jail in Brigham City, Utah, had a policy prohibiting its prisoners from receiving books and magazines from any sources outside the jail. Eric Piper, a Utah state prisoner and PLN subscriber, was transferred to the Jail …
Article • March 15, 1999 • from PLN March, 1999
AHCC Bulk Mail Ban in Miniken Settled by In the February, 1998, issue of PLN we reported Miniken v. Walter, 978 F. Supp. 1356 (ED WA 1997). In that ruling the court held that the Airway Heights Corrections Center's (AHCC) in Washington, ban on third class mail was unconstitutional as …
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