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Article • November 15, 2012 • from PLN November, 2012
Filed under: Mail, Mail Regulations
Florida Jail Abandons Postcard-Only Mail Policy, Pays Prisoners’ Attorney Fees by In February 2012, a Florida U.S. District Court approved a consent decree that settled a civil rights action challenging a postcard-only mail policy at the Santa Rosa County Jail (SRCJ). As a result of the settlement, prisoners are no …
Davis et al v. Abercrombie et al, HI, Letter to Gluck ACLU re legal mail, CCA inmate mail policy, 2009 Case 1:11-cv-00144-LEK-BMK Document 191-4 3785 Filed 10/16/12 Page !' f,. 1 of 2 "'- r' 'I \ LL\'IH LINGLE GOVERNOR ('" PageID #: j etA YTON A. FRANI( DIRECTOR DAVID …
Brief • August 27, 2012
Barrett v. Williams, OR, Memo Support MSJ, Mail Censorship, 2012 Case 6:11-cv-06358-HZ Document 49 Filed 08/27/12 Page 1 of 11 ELLEN F. ROSENBLUM Attorney General KRISTIN A. WINGES-YANEZ #06552 Assistant Attorney General Department of Justice 1515 SW Fifth Ave, Suite 410 Portland, OR 97201 Telephone: (971) 673-1880 Fax: (971) 673-5000 …
Article • August 15, 2012 • from PLN August, 2012
PLN Settles Censorship Suit Against Sacramento County, California Jail by On July 17, 2012, Prison Legal News settled a lawsuit against Sacramento County, California and Sheriff Scott R. Jones for $300,000 plus policy changes in the county’s jail system. The suit was filed in federal court in April 2011 after …
Article • August 15, 2012 • from PLN August, 2012
Filed under: Mail, Mail Regulations
Eleventh Circuit Upholds Florida DOC’s Ban on Pen Pal Solicitations by David Reutter by David M. Reutter The Florida Department of Corrections (FDOC) may ban all pen pal solicitations between pen pal services and Florida prisoners, the Eleventh Circuit Court of Appeals held on December 22, 2011. The appellate decision …
Article • July 15, 2012
Tenth Circuit Court of Appeals Reverses Colorado District Court on Mail Issue; Jail Publication Ban Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner made sufficient allegations to state a claim for infringement on a prisoner’s right to receive newspapers and magazines. Appellant Russell Berger, a …
Article • July 15, 2012 • from PLN July, 2012
PLN Lawsuit Ends No-Publication Policy at Washington Jail, Results in $180,000 Settlement by Less than 90 days after PLN filed suit challenging a no-publication mail policy at Washington State’s Chelan County Regional Justice Center (RJC), the defendants conceded the policy was unconstitutional and agreed to the entry of a consent …
Article • July 15, 2012
Second Circuit Examines New York Prisoner’s Jail Mail Restrictions by The Second Circuit Court of Appeals affirmed the dismissal of a prisoner’s suit challenging mail restrictions on mootness grounds because a rule change abandoned the objectionable regulation. While awaiting trial at the Monroe County Jail, Rochester, New York appellant Gregory …
Article • May 15, 2012 • from PLN May, 2012
Seventh Circuit Upholds Indiana DOC’s Ban on Pen-Pal Ads by David Reutter by David M. Reutter On September 16, 2010, an Indiana U.S. District Court held that a prison regulation prohibiting prisoners from advertising for pen-pals and receiving materials from services that advertise for or provide pen-pals did not violate …
Article • May 15, 2012
8th Circuit Rules on Nebraska Prison’s Denial of Religious Publication and Jewelry by Petitioner Curtis Eugene Rowland, a prisoner at the Pen Unit of the Nebraska Penal and Correctional Complex brought two separate civil rights actions against prison officials in 197l. His § 1983 claim regarding denial of mail was …
Article • May 15, 2012
New York District Court Rules Jail Prisoners Entitled to Newspaper Access by Relying on extensive case law, the U.S. District Court, Eastern District of New York, held that Suffolk County Jail offered no reasonable basis for total restriction on prisoner’s access to newspapers. Petitioner also alleged denial of effective medical …
Fifth Circuit Issues Landmark Ruling on Texas Prison System Correspondence Rules by Texas state prisoner Guadalupe Guajardo filed a federal civil rights action pursuant to 42 U.S.C. § 1983 challenging the restrictions on prisoners correspondence in Texas prisons. After partial settlement, the court ruled that, because only declaratory judgment was …
Article • May 15, 2012
Fifth Circuit Upholds Censorship of Louisiana Prison-Oriented Newsletter by The publisher of the newsletter for a Louisiana organization advocating for prisoners and a Louisiana state prisoner filed a federal civil rights action pursuant to 42 U.S.C. § 1983 after Louisiana prison system officials refused to distribute a mass mailing of …
Fourth Circuit Reverses Muslim Prisoner Mail Restrictions by The Fourth Circuit Court of Appeals remanded for an evidentiary hearing to determine if Muslim publications were a threat to prison security. Appellant/Plaintiff Richard X. Brown brought before the Fourth Circuit Court of Appeals in October, 1970, his § 1983 claim for …
Article • May 15, 2012
Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad by Massachusetts Supreme Court Rules Prison Mail Regulations Vague & Overbroad The Supreme Judicial Court of Massachusetts held that a prison policy governing censorship of incoming mail was unconstitutionally vague and overbroad. The court also held that another policy requiring …
Article • May 15, 2012
California Prisoner's First Amendment Claim Survives Motion for Summary Judgment by In September 2011, U.S. District Judge Phyllis J. Hamilton issued an order tentatively permitting a California prisoner's First Amendment claim to proceed following the filing of a motion for summary judgment by the defendant prison officials in the case. …
Article • April 15, 2012 • from PLN April, 2012
Court Grants Preliminary Injunction to PLN in Sacramento County Jail Censorship Suit by On March 8, 2012, U.S. District Court Judge John A. Mendez entered a preliminary injunction against the County of Sacramento, California in a lawsuit that alleges unconstitutional censorship of publications sent to prisoners at the county’s jail. …
Brief • March 8, 2012
Diaz-Wassmer v. Ferriter, MT, Settlement, English-Only Mail Policy, 2012 Case 6:10-cv-00060-RKS Document 41 Filed 03/08/12 Page 1 of 5 Jennifer A. Giuttari Montana Legal Justice, PLLC 415 N. Higgins Ave., Suite 1 Missoula, MT 59802 (406) 356–6546 jeng@montanalegaljustice.com Attorney for Plaintiff Colleen E. Ambrose Ira Eakin Montana Department of Corrections …
Article • February 15, 2012 • from PLN February, 2012
Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Mike Brodheim On January 31, 2011, a divided Ninth Circuit panel reversed the grant …
PLN Settles Censorship Suit Against South Carolina Jail; County Agrees to Pay $599,900 and Change Policies by On January 10, 2012, Prison Legal News settled a First Amendment censorship suit against the Sheriff’s Office for Berkeley County, South Carolina. The settlement includes changes at the Berkeley County Detention Center (BCDC) …
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