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WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • November 15, 2007 • from PLN November, 2007
Filed under: Mail, Legal Mail
Pennsylvania Prison Legal Mail Policy Unconstitutional, Enjoined by Matthew Clarke by Matt Clarke On May 3, 2007, a federal court in Pennsylvania found unconstitutional the Pennsylvania Department of Corrections (DOC) mail policy allowing legal mail to be opened outside the presence of prisoners if the pail does not display a …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Article • May 15, 2007
Ninth Circuit Upholds Washington Legal Mail Inspection Rule by The Ninth Circuit Court of Appeals upheld an order of a Washington state superior court, requiring a contraband inspection of all mail from prisoners to that court. "In April, 1977, the Superior Court for Walla Walla County, issued a prison mail …
Article • May 15, 2007
Washington DOC Pays $1,500 to Settle Legal Mail/Discipline Suit by In 1998, the Washington Department of Corrections paid $1,500 to Jenny Hall, a prisoner at Washington Corrections Center for Women in Gig Harbor, WA. for the censorship of her legal mail. In 1996, Jenny Hall mailed a letter to her …
Article • May 15, 2007
Filed under: Mail, Legal Mail
Fourth Circuit Upholds "Special Mail" Label Rule by Fourth Circuit Upholds "Special Mail" Label Rule The Fourth Circuit Court of Appeals upheld a federal Bureau of Prisons regulation requiring that incoming prisoner legal mail must be marked "Special Mail - Open only in the presence of the inmate" and the …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Article • May 15, 2007
New York DOCS's Rube Goldberg Mail Rules Struck Down by The United States Court of Appeals for the Second Circuit struck down the New York Department of Correctional Service's (DOCS) "Rube Goldberg" mail rules, which restricted sealed outgoing prisoner mail, noting that the rules were "irrational." Ronald Davidson, a New …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Article • May 15, 2007
Warden's Order Forbidding Letters to Court Questioned by In one of the first prisoner rights cases, the court of appeals for the Seventh circuit held that a district court erred in dismissing an Indiana state prisoners writ of coram nobis where the prisoner claimed the warden had issued a written …
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