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Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Article • February 15, 1999 • from PLN February, 1999
Indiana Jail Ban on Publications Struck Down by In an unpublished ruling, on May 13, 1998, a federal district court in Indiana held that a county jail's policy prohibiting prisoners from receiving publications from any source outside the jail was unconstitutional. In 1997 the St. Joseph county jail in Indiana …
Arizona Jail Porn Ban Struck Down by The court of appeals for the Ninth circuit held that a jail rule banning all sexually explicit materials was unconstitutional. In 1993 the Maricopa county jail in Phoenix, Arizona, adopted rules banning all sexually explicit materials from receipt or possession by Jail prisoners. …
PLN Writer Settles Nude Photo Suit for $3,000 by On June 2, 1998, a Florida prisoner and Assistant Attorney General struck a settlement deal in the midst of a federal trial. The prisoner regained possession of two nude photos confiscated by DOC officials in 1993 and received approximately $3,000 in …
Article • January 15, 1999 • from PLN January, 1999
PLN Sues Oregon DOC Over Bulk Mail Ban by On October 29, 1998, Prison Legal News ( PLN ) sued the Oregon Department of Corrections (DOC) in federal district court for damages and declaratory and injunctive relief. Since at least 1991 the Oregon DOC has had a policy requiring that …
Article • October 15, 1998 • from PLN October, 1998
Denial of Legal Materials Sent by Relatives Upheld by The court of appeals for the Eighth circuit, sitting en banc, held that Missouri prison officials were entitled to qualified immunity from money damages for denying a prisoner a package of legal materials sent by a relative. The court held it …
Article • October 15, 1998 • from PLN October, 1998
Utah Porn Ban Rescinded; Suit Settled by In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials …
Article • September 15, 1998 • from PLN September, 1998
Publications Lawsuit Settled in Alabama by Cayce Moore On February 28, 1998, U.S. district judge U.W. Clemon approved the final settlement in a lawsuit challenging a year of blanket censorship at Donaldson Correctional Facility (DCF), Alabama's highest security prison. In March, 1997, DCF warden Steve Dees implemented a policy that …
Article • August 15, 1998 • from PLN August, 1998
Filed under: Habeas Corpus, Mail, Legal Mail
Mailbox Rule Applied to Habeas Petitions by The court of appeals for the Third circuit extended the mailbox rule to habeas corpus petitions, holding that habeas petitions are considered filed when given to prison officials for mailing. Donald Burns, a New Jersey state prisoner, gave his federal habeas petitions to …
Article • July 15, 1998 • from PLN July, 1998
PLN Sues Utah Department of Corrections Over Bulk Mail Ban by On April 23, 1998, PLN and PLN subscriber Walter Thomas filed suit against the Utah DOC in U.S. district court in Salt Lake City, Utah. The Utah DOC has a policy which prohibits prisoners from receiving materials sent via …
Behind Closed Doors: Struggle in Washington IMU's by Jennifer Vogel In the "Intensive Management Unit" at the state prison in Shelton, WA a man who looks to be in his 50s is wearing an orange plastic rain jacket and pacing the parameter of the "yard." The yard is really just …
Article • May 15, 1998 • from PLN May, 1998
Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …
Damage Award and Attorney Fees in Censorship Suit Affirmed by The court of appeals for the eighth circuit affirmed a district court ruling awarding a prisoner $1 in damages and $500 in punitive damages against prison officials who censored racist religious publications pursuant to a "blanket ban" on such materials. …
Article • March 15, 1998 • from PLN March, 1998
BOP Porn Ban Held Unconstitutional by In the March, 1997, issue of PLN we reported the September 30, 1996, enactment of the "Ensign Amendment," named after its author Nevada congressman John Ensign (R). The law was enacted as a rider to the federal government's massive budget bill. No hearings or …
Article • March 15, 1998 • from PLN March, 1998
Washington Porn Ban Challenged by Playboy Suit Not Frivolous: In an unpublished ruling the court of appeals for the ninth circuit held that a federal court in Spokane, Washington, erred when it dismissed as frivolous a lawsuit by prisoner Mark LaRue challenging the censorship of his subscription to Playboy . …
Reaching the Breaking Point by M L A guy was mad over having his letter rejected because his girlfriend said something [in the letter] about sex. He was also tired of being lied to about getting out of IMU [Intensive Management Unit, Washington state's version of a 23/7 Control Unit]. …
Article • March 15, 1998 • from PLN March, 1998
WSP Mail Rules Upheld by Joseph Allen filed suit challenging various aspects of the mail policy at the Washington State Penitentiary. After filing suit Allen did no discovery and when the defendants moved for summary judgment he did not bother responding. Not surprisingly, the court ruled against Allen. Surprisingly, the …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
Bureau of Prisons Gag Rule Enacted by Effective June 20, 1997, the Department of Justice and its Federal Bureau of Prisons (BOP) enacted changes to 28 CFR (chapter V, subchapter A, Part 501) governing general management and administration of BOP prisons. The new rules allow the federal government to target …
Article • February 15, 1998 • from PLN February, 1998
Actual Injury Required in Legal Mail Claim by In the December, 1995, issue of PLN we reported Bieregu v. Reno , 59 F.3d 1445 (3rd Cir. 1995) where the third circuit held that a prisoner need not show harm to a court claim when the confidential) of his legal mail …
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