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Article • February 8, 2017 • from PLN February, 2017
Fifth Circuit Holds Supervised Release Condition Restricting Dating Improper by On December 17, 2015, the Fifth Circuit Court of Appeals held that a blanket supervised release condition prohibiting a former prisoner from dating any adult with minor children was improper because it was not supported by a factual finding or ...
Article • January 10, 2017 • from PLN January, 2017
Imprisoned Author Denied Access to His Own Published Writing by In order to survive being subjected to nearly three decades of solitary confinement, William “Billy” Blake turned to reading and, more importantly, writing. “A Sentence Worse than Death” is an essay Blake wrote for inclusion in an anthology of narratives ...
CCA Mother Jones Shane Bauer Corrections Request, CCA, June 28, 2016 All of this combined with many other issues that we have raised in our interactions with Mother Jones to date demonstrate that the magazine’s reporting is defined by factual recklessness, the deliberate concealment of truth and a disgraceful lack ...
A Primer on Prisoners’ Constitutional Rights by Alex Friedmann Prison Legal News (PLN) regularly reports on prison and jail-related court decisions involving violations of prisoners’ constitutional rights. Those who are new to the arena of civil rights litigation and unfamiliar with prisoners’ few remaining rights may need a basic introduction ...
Warrantless Jail Cell Manuscript Seizure Vacates Oregon Rape Convictions by Mark Wilson The Oregon Court of Appeals reversed an Oregon man's rape convictions, finding that prosecutors improperly seized a handwritten manuscript from his jail cell without a warrant. Kenneth Everett Moore was arrested on six counts of rape when his ...
Article • November 1, 2016
Oregon Prison Guard's News Broadcast Tort Claims Dismissed by Mark Wilson The Oregon Court of Appeals ordered a lower court to dismiss a prison guard's tort claims against a television broadcast company. Around 10:00 p.m., on January 10, 2010, someone fired gunshots in a Salem, Oregon neighborhood. Some of the ...
Nevada Prisoner Receives $500, Other Considerations, in Settlement of Complaint Asserting Numerous Civil Rights Violations by Lonnie Burton On April 18, 2016, the Nevada Department of' Corrections (NDOC) agreed to pay a state prisoner $500 and make other policy changes' as part of a settlement agreement resolving the federal civil ...
Article • September 2, 2016 • from PLN September, 2016
Sixth Circuit Holds PLRA’s Physical Injury Rule Inapplicable to First Amendment Claims by On June 1, 2015, the Sixth Circuit Court of Appeals held “that deprivations of First Amendment rights are themselves injuries, apart from any mental, emotional, or physical injury that might also arise from the deprivation, and that ...
California: Jail’s Unsolicited Publication Distribution Ban Upheld by Mark Wilson A California federal district court held in May 2015 that jail officials did not violate the First Amendment by refusing to distribute unsolicited publications to prisoners. Crime, Justice & America, Inc. (CJA), founded by former bail bondsman Ray Hrdlicka, publishes ...
Publication • September 1, 2016
Lenient in Theory, Dumb in Fact - Prison, Speech, and Scrutiny, Shapiro, 2016 \\jciprod01\productn\G\GWN\84-4\GWN403.txt unknown Seq: 1 19-JUL-16 10:28 Lenient in Theory, Dumb in Fact: Prison, Speech, and Scrutiny David M. Shapiro* ABSTRACT The Supreme Court declared thirty years ago in Turner v. Safley that prisoners are not without constitutional ...
Article • August 25, 2016
Arkansas Federal Court Holds No First Amendment Right to Lower Prison Phone Rates by Matthew Clarke On January 21, 2011, an Arkansas federal court held that state prisoners in Arkansas had no First Amendment right to a specific telephone rate. Arkansas state prisoners Winston Holloway and Joseph Breault filed a ...
Former Michigan AG Found Guilty of Stalking Gay Man by In August 2012, a federal jury in Detroit found Andrew Shirvell, a homophobic former Michigan assistant attorney general, guilty of stalking, defamation, intentional infliction of emotional distress, and invasion of privacy, in a civil suit brought by Chris Armstrong, the ...
Article • August 24, 2016
Sixth Circuit Affirms Denial of Qualified Immunity for Michigan DOC Officials by On February 6, 2008, the U.S. Court of Appeals for the Sixth Circuit affirmed a denial of qualified immunity for three Michigan prison officials accused of violating the First Amendment and the Religious Land Use and Institutionalize Persons ...
Article • August 24, 2016
Lawsuit Challenging BOP’s Ban on Face-to-Face Media Interviews Continues by The Seventh Circuit Court of Appeals has held that a jury could conclude the Bureau of Prisons’ (BOP) ban on face-to-face interviews with death row prisoners was not based on security threats related to such prisoners becoming jailhouse celebrities and ...
Article • August 23, 2016
Maryland Ban on Prisoner's Book Rescinded by Brandon Sample The Maryland Department of Corrections (MDOC) has rescinded its ban on "The Marshall Plan: The Life and Times of a Baltimore Black Panther," a book written by Marshall "Eddie" Conway, a Maryland prisoner. Acting MDOC warden Wayne Webb banned Conway's book ...
Article • August 22, 2016
Fifth Circuit: Louisiana Prisons Can't Ban Nation of Islam Newspaper by In 2005, Louisiana prison officials instituted a statewide ban on "The Final Call, a newspaper published by the Nation of Islam. The ban was based solely on the content of a statement of beliefs called "The Muslim Program" located ...
Fifth Circuit Reverses District Court's Denial of Appointment of Counsel by On March 6, 2009, Fifth Circuit reversed the district court's denial of appointment of counsel and upheld the dismissal of free exercise, equal protection and retaliation claims. Texas prisoner Willie Lee Garner filed a pro se lawsuit pursuant to ...
Nebraska Law Limiting Sex Offender Internet Use “Guts” Constitutional Rights by David Reutter Driven by “rage” and “revulsion” of registered sex offenders, the 2009 Nebraska Legislature enacted LB 97, which allowed law enforcement to monitor and restrict Internet usage by those offenders. In an exhaustive order following a trial, U.S. ...
Article • August 5, 2016
Florida Woman Awarded $75,000 for Excessive Force by Deputy by A Florida federal jury awarded $75,000 to a woman in a civil rights action alleging Palm Beach County Sheriffs’ Deputy Michael Woodside falsely arrested, used excessive force and violated the First Amendment rights of plaintiff. Woodside responded to call that ...
Publication • August 4, 2016
Filed under: Media, First Amendment, Police
Policing Free Speech - Police Surveillance and Obstruction of First Amendment-Protected Activity, ACLU, 2010 POLICING FREE SPEECH: Police Surveillance and Obstruction of First Amendment‐ Protected Activity An ACLU Survey of Reported Incidents June 29, 2010 United States law enforcement agencies, from the FBI to local police, have a long history ...
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