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Article • December 15, 2008 • from PLN December, 2008
Filed under: Media, Tapes/Music
Ruling Against Expression is No Music to Prisoners’ Ears by David Hudson ??by David L. Hudson, Jr.? “Prison walls do not form a barrier separating the inmate from the protections of the Constitution.” So wrote Justice Sandra Day O’Connor in the 1987 decision Turner v. Safley. But the statement has …
BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s …
Article • October 15, 2008 • from PLN October, 2008
Montana DOC Employees Disciplined for E-mail Abuse by An internal investigation of e-mail abuse in the Montana Dept. of Corrections (DOC) uncovered what was termed “disgusting” behavior on the part of guards and even high-level prison officials. Seventy-four employees were cited for abusing state computer privileges. Their offenses included e-mailing …
Jewel v. National Security Agency, et. al., CA, Complaint, Jury Demand, Illegal Surveillance, 2008.pdf 1 1. Plaintiffs, on behalf of themselves and a class of similarly situated persons, bring this 2 action and allege upon personal knowledge and belief as to their own acts, and upon information and 3 4 …
Article • September 15, 2008 • from PLN September, 2008
From the Editor by Paul Wright The link between solitary confinement and mental illness is well known, well documented and largely ignored by the prison officials and policy makers who decide to imprison tens of thousands of American prisoners in solitary confinement on any given day for months, years and …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Brief • September 9, 2008
Shustring dba LareDOS v. Salinas and City of Laredo, TX, Complaint, 1st Am mayor newspaper censorship, 2008 Case 5:08-cv-00120 Document 1 Filed in TXSD on 09/09/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SHUSTRING PRODUCTIONS, INC. dba LareDOS PUBLISHING Plaintiff v. RAÚL SALINAS …
Article • August 15, 2008
Alabama Lawyer Wins $10,000 in Defamation Suit Against Prisoner Rights Radio Host by Roberta Franklin is a radio talk show host and ardent prisoners rights activist in Alabama. In the summer of 2002, while defense attorney, Susan James, was being investigated for misconduct, Franklin said James was stealing clients' money. …
Article • August 15, 2008
Court Orders Trial on Challenge to BOP’s Byline/Reporter Prohibition by A Colorado federal district court has ordered a trial in a federal prisoner’s challenge to 28 C.F.R. §540.20 (b), which provides, in relevant part, that an “inmate may not act as reporter or publish under a byline,” on First Amendment …
Article • August 15, 2008
Applications for North Carolina County Positions Not Subject to Public Records Act by The North Carolina Supreme Court has held that applications for positions with counties are not subject to inspection and disclosure under the State’s Public Records Act. This action came after a Yadkin County Superior Court ordered the …
Author Jack Abbott’s Snitching Cannot Prevent Transfer by On September 23, 1983, the Eighth Circuit court of appeals held that a prisoner who claimed to be in danger for having snitched on other prisoners cannot prevent his own transfer to a prison where he claimed be would be in danger …
Article • August 15, 2008
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Firing of Work Release Intern for TV Interview Upheld by A student intern was terminated from her position at a halfway house for sex offenders for giving a television interview in which she criticized a proposed policy change. Her interest in free speech was outweighed by the state's interest in …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Complaint Against Utah DOC for Non-Delivery of PLN Fails Because Defendants Only Negligent; Jail Publication Ban Illegal by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals has rejected several Utah-based civil rights complaints concerning the denial of reading material to prisoners, including issues of Prison …
Article • August 15, 2008
California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes by by John E. Dannenberg The California Court of Appeal has held that a “no-computers” condition of parole for a parolee convicted of lewd conduct with a minor was appropriate where the parolee had had …
Article • August 15, 2008
California Public Interest In Peace Officers' Identity And Activities, Outweigh Statutory Exemption by The Los Angeles Times (Times) sought review of an appellate denial for the release of peace officer information under the California Public Records Act (Act). The disclosure was ordered pending a specificity determination by the Superior Court. …
Article • August 15, 2008
No Constitutional Right To Watch T.V. In California Jail by California State pro se prisoner Andrew Andersen appealed the dismissal of his § 1983 and state violation action. He alleged television access violations, subjection to a single religion and misuse of prisoner funds while detained in the Orange County Jail. …
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