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Article • May 15, 2007
Absent Actual Injury Only Nominal Damages for Due Process Violations by The U.S. Supreme Court held that a procedural due process violation warranted only nominal damages in the absence of actual injury. Plaintiffs, Illinois high school students who had been suspended without due process, brought a §1983 action against the …
Nude Photo Publication Rejection by Florida Jail Upheld by The Eleventh Circuit Court of Appeals has affirmed a Florida District Court's grant of summary judgment to officials at the Palm Beach County Detention Center in a prisoner's suit alleging the officials unconstitutionally deprived him of access to various publications. The …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
WA Gift Subscription Ban Settled for $443.46 by In 1997, William J.R Embrey, a federal prisoner at the Washington State Penitentiary (W.S.P) accepted $443.46 to settle a lawsuit. In 1985 the Federal Bureau of Prisons (BOP) sent Embrey to the Washington Department of Corrections WDOC, pursuant to a contract between …
Article • May 15, 2007
Mail Censorship Claims State Claim by Allegations that the defendants have deliberately tampered with his legal, personal, and political incoming and outgoing mail without justification state a constitutional claim. The Second Circuit has said that a prisoner's right to the free flow of incoming and outgoing mail is protected by …
Article • May 15, 2007
Due Process Not Required when Mail with Criminal Plans Seized by Due Process Not Required When Mail With Criminal Plans Seized A federal district court in Missouri held that prison officials do not have to give due process notice to the prisoner or intended recipient when they seize mail containing …
Article • May 15, 2007
Due Process Required when Porn Censored by Due Process Required When Porn Censored A federal district court in Missouri upheld the prison censorship of sexually explicit materials. The court notes that due process requires that the censorship of prisoner mail be done with due process safeguards, including notice to the …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Mail Restrictions Examined Under Turner Standard by The U.S. Supreme Court held that prison regulations allowing the rejection of certain subscription publications must be examined under the standards set forth in Turner v. Safely. This decision further reaffirms the procedural due process protections of Procunier v. Martinez, 416 U.S. 396, …
Article • May 15, 2007
California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional by California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional The Supreme Court held that prison regulations forbidding correspondence containing "defamatory matters," "inflammatory political, racial, religious or other views," or that "unduly complain" or "magnify grievances," or were "otherwise inappropriate" were unconstitutional infringements …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Article • May 15, 2007
First Amendment Protects Prisoners' Negative Statements About Prisons by Robert Gandy is a prisoner in the Colorado Department of Corrections (DOC). He wrote a letter to Home Depot, a mail-order supplier of DOC prisoners, about a DOC policy that he thought would illegally impinge on Home Depot's business. Guards opened …
Article • May 15, 2007 • from PLN May, 2007
California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages by John Dannenberg by John E. Dannenberg On December 19, 2006, the California Department of Corrections and Rehabilitation (CDCR) settled with Prison Legal News (PLN) over PLN's complaints of CDCR's restrictive publications-approval policies for California state prisoners. …
Article • May 15, 2007
Warden Liable for $25,000 Damage Award in Mail Censorship Suit by The court of appeals for the Eighth circuit affirmed a jury verdict and damage award in favor of a Texas citizen who sued Missouri prison officials for censoring his mail to a Missouri prisoner. Plaintiff was a gay Catholic …
Censorship of Religious Mail Reversed by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failure to state a claim, a Missouri prisoner's lawsuit that mail sent by the Moorish Science Temple was wrongly censored. The appeals court held that while …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
$321.58 Settlement In WA Mail Censorship Suit by In 1998 Lonnie L. Burton a prisoner at the-Airway Heights Correctional Facility (AHCC)in Washington, received five "offender mail rejections" from the AHCC mail room. He appealed the mail rejection to the Director, Division of Prisons within ten days of the rejection as …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
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