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Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
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 …
Article • June 15, 2008 • from PLN June, 2008
PLN Sues Massachusetts DOC Over Book Ban, Added to Approved List One Week Later by For the past five years Prison Legal News has been unable to sell or distribute books to prisoners in Massachusetts because PLN was not on the Dept. of Correction’s (DOC) approved vendor list. Massachusetts prisoners …
Brief • March 24, 2008
Taber v. McCracken County, KY, Plf Res to Def MTD, failure to protect treat due process, 2008 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION [FILED ELECTRONICALLY] THOMAS TABER, Individually and on behalf of all others similarly situated, ) ) ) ) PLAINTIFF ) CIVIL ACTION NO. 5:06-CV-144-R …
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. …
Article • December 15, 2007 • from PLN December, 2007
PLN Files Censorship Suit Against Fulton County Jail in Georgia by On October 22, 2007, Prison Legal News filed a lawsuit in U.S. District Court for the Northern District of Georgia against Fulton County and Sheriff Myron Freeman, due to a Fulton County Jail policy that prohibits prisoners from receiving …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
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
No Punishment for Possessing Inflammatory Papers, $1,000 Jury Award Upheld by The U.S. Court of Appeals for the Second Circuit held that a prisoner cannot be punished for simply possessing "revolutionary" material, supervisors were liable for constitutional violations surrounding prisoner's placement in segregation, and a jury award of $1,000 was …
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
Filed under: Mail, Due Process
Court Ordered Interception of Mail Requires Notice & Hearing by Court Ordered Interception of Mail Requires Notice & Hearing The Ninth Circuit Court of Appeals held that a federal judge in Washington erred in issuing a post-sentencing order directing a federal prisoner's custodian to prevent the prisoner from communicating with …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment on Segregation Mail Ban by The Eighth Circuit Court of Appeals reversed an Arkansas district court judgment granting summary judgment to prison officials in a case involving the denial of mail privileges to segregated prisoners. The court noted that the district court acknowledged that the …
Article • May 15, 2007
Georgia Prison Censorship Rules Violate Procunier Standard by A federal court in Georgia held that a prison's mail censorship rules were invalid under Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974). The court held that the practice of intercepting outgoing letters that prison officials "believed were misleading" or …
Article • May 15, 2007
Ohio Prisoner Mail Censorship Rule Violates Due Process by The Sixth Circuit Court of Appeals held that an Ohio prison regulation authorizing the censorship of incoming prisoner mail was not unconstitutionally overbroad on its face but that it did violate due process. An Ohio prisoner's incoming mail, written on Ku …
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
Article • May 15, 2007
Publisher and Prisoner Entitled to Due Process by A federal court in Rhode Island noted that the Supreme Court established minimum due process rights in prison mail cases in Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) holding that prisoners are entitled to "be notified of the rejection …
Article • May 15, 2007
Eighth Circuit Upholds Seizure of Incoming Mail Without Notice by The Eighth Circuit Court of Appeals held that a Missouri prisoner failed to allege an adequate procedural due process claim with respect to the seizure of his incoming mail without notice, stating: "although the failure to promptly notify [the prisoner] …
Article • May 15, 2007
Different Standards for Incoming/Outgoing Mail Censorship by The Sixth Circuit Court of Appeals noted in a Tennessee case that there are two separate standards to be applied to prisoner mail censorship cases. Incoming mail censorship is governed by the test announced in Thornburgh v. Abbott, 490 U.S. 401, 109 S.Ct. …
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