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Article • December 15, 2007
Filed under: Police Misconduct, Media
California Statute Banning Police Defamation Unconstitutional by California has a statute establishing that most publications and broadcasts arising out of official government duties and proceedings are privileged, and therefore cannot be the subject of a defamation action--except that there is an exception permitting suits based on citizens' complaints about police …
Article • November 15, 2007 • from PLN November, 2007
Filed under: Sewage, Water, Media, PLN Litigation
From the Editor by Paul Wright This month's cover story is on what goes in and comes out of prisons in the way of water and sewage. While a lot of attention is paid to the more dramatic effects of prison overcrowding, such as violence, inadequate medical care, prisoners sleeping …
Article • November 15, 2007
An Unprecedented Crime: Mass Torture in America. And How to Stop It by Lance Tapley By: LANCE TAPLEY 11/14/2007 1:49:18 PM Editor's Note: This is an edited version of a speech given by Phoenix contributing writer Lance Tapley to a seminar at the National Lawyers Guild 70th Anniversary Convention in …
Article • November 15, 2007 • from PLN November, 2007
California DOC Pays PLN’s Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John Dannenberg California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John E. Dannenberg In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated …
Fortress Of Solitude: The Bureau Of Prisons Is As Good At Keeping Prisoners In As It Is At Keeping Reporters Out by Alan Prendergast A hundred miles southwest of Denver, the U.S. Penitentiary Administrative Maximum houses a killer lineup of mobsters (Salvatore "Sammy the Bull" Gravano), gang leaders (Barry "The …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
Little State, Big Problems: Maine’s Prison Crisis Continues Unabated by Lance Tapley Little State, Big Problems: Maine?s Prison Crisis Continues Unabated by Lance Tapley Only big prison systems mistreat prisoners, right? Only prison systems where racism, right-wing tough-on-crime attitudes, or prison-industrial-complex power have full reign, like in California or Texas, …
Article • October 15, 2007 • from PLN October, 2007
Old Media Access Consent Decrees Violated in Maine by Lance Tapley The Maine Department of Corrections has been violating at least two of three 35-year-old federal court orders that grant prisoners access to the press, allow them to write to newspapers, and prohibit prison officials from arbitrarily transferring prisoners out …
Article • September 15, 2007 • from PLN September, 2007
Big Brother Monitoring Michigan Sex Offenders by Not satisfied with conventional methods of monitoring sex offenders, Michigan is taking a hi-tech approach. Along with the ubiquitous ?school safety zones? and residency restrictions, concerned citizens can now be notified by email when changes are made to the state?s online sex offender …
Article • June 15, 2007 • from PLN June, 2007
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
District Court Reversed in Christian Identity Case by The Tenth U.S. Circuit Court of Appeals has affirmed in part and reversed in part a case involving prisoners who adhere to the "Christian Identity Faith." Jacob Ind and Jeffrey Pfleger are prisoners at the Colorado State Penitentiary. They adhere sincerely 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
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Filed under: Visiting, Access to Media
Prisoners Have No Right to Face-to-Face Media Interviews by The Supreme Court held that neither prisoners nor the media have the right to conduct face-to-face interviews with specific prisoners designated by members of the media. California state prisoners and media members sought permission for face-to-face interviews. Prison officials denied permission …
Article • May 15, 2007
Prison Magazine Censorship Reversed by The Eighth Circuit Court of Appeals held that prison officials violated a South Dakota prisoner's constitutional rights by refusing to allow him to receive a magazine entitled Mature. In rejecting the magazine prison officials stated: "the magazine has absolutely no rehabilitative value. It is nothing …
Article • May 15, 2007
Oregon Court Denies PI Against Outgoing Mail Ban by A federal court in Oregon held that a mental patient's outgoing mail to elected public officials and attorneys which contained "fearful or threatening material" but which did not advocate violence or illegal activity was entitled to First Amendment protections. The court …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Ban on Public Speaking While Masked Held Unconstitutional by The U.S. District Court for the Southern District of New York granted declaratory relief and a permanent injunction on behalf of the American Knights of the Ku Klux Klan against the New York Police Department (NYPD) and the City of New …
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