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Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Brief • November 13, 1995
Filed under: Mail
Volstead v. Frost, WA, Order of Dismissal, Mail Rejection, 1995 d RECEIVED :' • .. "S5 i~CU 13 R,'j 11 01 . ~ ... _: l __ 1 2 "95 NO', 17 P1 :53 ATTORNEY GENE:L\L OF WAS:~n::;Tot~ FILED IN THE U,S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON NOVa 7 …
Article • October 15, 1995 • from PLN October, 1995
WA Publisher Only Rule Challenged by In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
Outgoing Mail Censorship Illegal by A district court has reaffirmed the long-standing principle that the censorship of outgoing prisoner mail rarely implicates prison security interests. Donald Gee, a Wyoming state prisoner, wrote a letter to his brother about his conditions of confinement, that he was being retaliated against by prison …
Detainees Entitled to Non-Punitive Conditions by Pretrial detainees, who have not been convicted of any crimes, may not be punished in any manner. This includes housing them in jail conditions that could be construed as punitive. Dale Miller filed suit over conditions at the Cook County (Chicago) Jail. He claimed …
Harassing Searches State Claim by Alnoraindus Burton is an Illinois state prisoner. He filed suit under 42 U.S.C. § 1983 claiming that after he filed administrative grievances against prison guards who used racist slurs against him he was subjected to a widespread campaign of harassment and retaliation by the guards. …
Article • April 15, 1995 • from PLN April, 1995
Filed under: Mail, Mail Regulations
9th Cir. Clarifies Mailbox Rule by The Federal Rules of Civil Procedure and Appeals set forth numerous time limits by which motions and other documents must be filed, answered, etc. This has led to a large body of case law concerning how prisoners comply with these time limits due to …
Article • March 15, 1995 • from PLN March, 1995
WI Guard Indicted for Mail Obstruction by In the October, 1994, issue of PLN we reported that U.S. Postal investigators were investigating the discovery of large quantities of prisoner mail found in the garbage at the Waupun Correctional Institution in Wisconsin. On December 8, 1994, the US Attorney for the …
AG Mail Must be Treated as Legal Mail by Rakim Muhammad is a Michigan state prisoner. He challenged a Michigan Department of Corrections (MDOC) policy of treating mail to prisoners from the state Attorney generals office as ordinary mail, i.e. opened outside the addressees presence, rather than as legal mail …
WA Prisoners Under Attack by Paul Wright By Paul Wright Someone once said that no citizen's life, limb or property was safe while the legislature was in session. Substitute "Prisoner" for "citizen" and you have an idea of what things are like in Washington. Fortunately, the Washington state legislature is …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
Article • February 15, 1995 • from PLN February, 1995
Filed under: Mail, Mail Regulations
9th Cir Reverses Dismissal of Publisher Only Rule by PLN rarely reports on unpublished decisions because they cannot be cited as binding precedent. But in some cases prisoner litigants benefit from knowing cases that have been decided by the courts in their relevant circuits as well as new avenues of …
Article • February 15, 1995 • from PLN February, 1995
Prisoners Entitled to Free Legal Mail Postage by Several prisoners at the Iowa Mens Reformatory (IMP) f led suit under 42 U.S.A. § 1983 seeking injunctive relief from the prisons policy of denying indigent prisoners in administrative segregation any free legal or personal postage. Prisoners in ad seg are not …
WA DOC Sanctioned in Grievance Mail Case by In the September, 1994, issue of PLN we reported OKeefe v. Murphy, the unpublished case by US District Judge Alan McDonald which held that prisoners mail to and from different government agencies was entitled to confidential treatment, i.e. being opened only in …
Article • February 15, 1995 • from PLN February, 1995
CT Phone Suit Filed by The Connecticut Civil Liberties Union (CCLU) has filed suit against the Connecticut DOC over a phone monitoring system recently implemented by the DOC. Washington v. Meachum, Case No. CV-94-0534616S was certified as a state wide class action suit on May 3, 1994, in the state …
Article • January 15, 1995 • from PLN January, 1995
Legal Papers Filed When Mailed by Prisoner litigants representing themselves face greater problems when litigating than do most ordinary litigants. Not only are they usually untrained in the law but they lack control over basic things such as the mail. Courts operate on deadlines which often result in penalties for …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
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