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Beard v. Banks, No. 04-1739 (U.S. Supreme Court) (548 U.S. 521; 126 S.Ct. 2572) (June 28, 2006) (Justice Breyer)

Article • May 1, 2006 • from P&J May, 2006

Filed under: Punch And Jurists, Legitimate Penological Interests

Beard v. Banks, No. 04-1739 (U.S. Supreme Court) (548 U.S. 521; 126 S.Ct. 2572) (June 28, 2006) (Justice Breyer) by Ronald Banks, a prisoner confined in a Long Term Segregation Unit (LTSU) within the Pennsylvania prison system, sued the Pennsylvania Department of Corrections to challenge the constitutionality of a prison …

Dusenbery v. U.S., No. 00-6567 (U.S. Supreme Court) (534 U.S. 161; 122 S.Ct. 694) (January 8, 2002) (Justice Rehnquist)

Article • November 19, 2005 • from P&J December, 2001

Filed under: Punch And Jurists, Prison Mail

Dusenbery v. U.S., No. 00-6567 (U.S. Supreme Court) (534 U.S. 161; 122 S.Ct. 694) (January 8, 2002) (Justice Rehnquist) by The Supreme Court granted certiorari in this case to resolve a Circuit split concerning the constitutional adequacy of the means employed by Government to provide notice to federal prisoners of …

Banks v. Beard, No. 03-1245 (3rd Cir.) (399 F.3d 134) (February 25, 2005) (Judge Julio M. Fuentes)

Article • February 1, 2005 • from P&J February, 2005

Filed under: Punch And Jurists, Legitimate Penological Interests

Banks v. Beard, No. 03-1245 (3rd Cir.) (399 F.3d 134) (February 25, 2005) (Judge Julio M. Fuentes) by Here the Third Circuit held that the district court had erred when it upheld a state prison’s policy, which banned inmates' access to newspapers, magazines and photographs that were neither legal nor …

Prison Legal News v. Lehman, No. 03-35608 (9th Cir.) (397 F.3d 692) (February 1, 2005) (Judge Arthur L. Alarcon)

Article • January 1, 2005 • from P&J January, 2005

Filed under: Punch And Jurists, Prison Mail

Prison Legal News v. Lehman, No. 03-35608 (9th Cir.) (397 F.3d 692) (February 1, 2005) (Judge Arthur L. Alarcon) by

Ramirez v. Pugh, No. 02-2101 (3rd Cir.) (379 F.3d 122) (August 12, 2004) (Judge Robert E. Cowen)

Article • July 1, 2004 • from P&J July, 2004

Filed under: Punch And Jurists, Ensign Amendment

Ramirez v. Pugh, No. 02-2101 (3rd Cir.) (379 F.3d 122) (August 12, 2004) (Judge Robert E. Cowen) by Sharply disagreeing with the D.C. Circuit, the Third Circuit held that the Ensign Amendment, which bars the distribution of sexually explicity materials in prison, was facially invlid as overly broad and unsupported …

Clement v. Calif. Dept. of Corrections, No. 03-15006 (9th Cir.) (364 F.3d 1148) (April 20, 2004) (Per Curiam)

Article • March 1, 2004 • from P&J March, 2004

Filed under: Punch And Jurists, Prison Mail

Clement v. Calif. Dept. of Corrections, No. 03-15006 (9th Cir.) (364 F.3d 1148) (April 20, 2004) (Per Curiam) by Here, citing the First Amendment, the Ninth Circuit struck down a California state prison rule that barred inmates from receiving mail that contained downloads from the Internet. The Court concluded that …

Procunier v. Martinez, No. 72-1465 (U.S. Supreme Court) (416 U.S. 396; 94 S.Ct. 1800) (April 29, 1974) (Justice Powell)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Mail

Procunier v. Martinez, No. 72-1465 (U.S. Supreme Court) (416 U.S. 396; 94 S.Ct. 1800) (April 29, 1974) (Justice Powell) by Here the Court held that censorship of prison mail is permissible under the First Amendment if it is supported by a legitimate governmental interest and the censorship is not greater …

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor)

Article • January 18, 2004

Filed under: Punch And Jurists, Prison Mail

Turner v. Safley, No. 85-1384 (U.S. Supreme Court) (482 U.S. 78; 107 S.Ct. 2254) (June 1, 1987) (Justice O'Connor) by In this lengthy decision, among the many prison issues considered, the Court also considered a Missouri prison regulation that forbade communications between inmates at different institutions. The Court upheld the …

Nasir v. Morgan, No. 01-2519 (3rd Cir.) (350 F.3d 366) (November 25, 2034) (Judge Joseph E. Irenas)

Article • December 1, 2003 • from P&J December, 2003

Filed under: Punch And Jurists, Prison Mail

Nasir v. Morgan, No. 01-2519 (3rd Cir.) (350 F.3d 366) (November 25, 2034) (Judge Joseph E. Irenas) by This case is noted for its discussion and reconciliation of the Supreme Court's leading cases on restrictions on prison mail - Procunier v. Martinez, 416 U.S. 396 (1974), Turner v. Safley, 482 …

Ashker v. California Dept. of Corrections, No. 02-17077 (9th Cir.) (350 F.3d 917) (November 18, 2003) (Judge A. Wallace Tashima)

Article • October 1, 2003 • from P&J October, 2003

Filed under: Punch And Jurists, Prison Mail

Ashker v. California Dept. of Corrections, No. 02-17077 (9th Cir.) (350 F.3d 917) (November 18, 2003) (Judge A. Wallace Tashima) by Here the Court affirmed an injunction barring the California Department of Corrections from requiring that parcels of books and magazines sent to prisoners have an approved vendor label affixed …

Zimmerman v. Simmons, No. Civil No. 00-3370-GTV (D.Kan.) (260 F.Supp.2d 1077) (April 28, 2003) (Judge G. Thomas Van Bebber)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Prison Mail

Zimmerman v. Simmons, No. Civil No. 00-3370-GTV (D.Kan.) (260 F.Supp.2d 1077) (April 28, 2003) (Judge G. Thomas Van Bebber) by

Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik)

Article • August 1, 2003 • from P&J August, 2003

Filed under: Punch And Jurists, Prison Mail

Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik) by

Bear v. Kautzky, No. 01-3462 (8th Cir.) (305 F.3d 802) (October 4, 2002) (Judge James B. Loken)

Article • October 1, 2002 • from P&J October, 2002

Filed under: Punch And Jurists, Prison Mail

Bear v. Kautzky, No. 01-3462 (8th Cir.) (305 F.3d 802) (October 4, 2002) (Judge James B. Loken) by Here the Court affirmed the grant of injunctive relief against prison officials who sought to bar legal correspondence between inmates, stating that the officials failed to show the ban served a legitimate …

Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Prison Mail

Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman) by Here the Court held that a deprivation caused by conduct pursuant to established state procedure, rather than random and unauthorized action, does state a claim under 42 U.S.C.S. § 1983 and entitles …

Sorrels v. McKee, No. 01-35222 (9th Cir.) (287 F.3d 1213) (May 2, 2002) (Judge Barry G. Silverman)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Prison Mail

Sorrels v. McKee, No. 01-35222 (9th Cir.) (287 F.3d 1213) (May 2, 2002) (Judge Barry G. Silverman) by Here the Court again affirmed that a prison's no-gift publications policy which prevented him from receiving books violated the prisoner's First Amendment rights - although it upheld a claim of immunity by …

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Prison Mail

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams) by The Court of Appeals held that the policy of opening and inspecting a prisoner's outgoing mail is reasonably related to legitimate penological goals and therefore constitutional. This case involves the appeal of …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson) by In this case the court addressed the constitutionality of a policy issued by the Maricopa County Sheriff prohibiting inmates from possessing “sexually explicit” material. Mauro, an inmate in the County jail filed …

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder)

Article • May 1, 1999 • from P&J May, 1999

Filed under: Punch And Jurists, Prison Mail

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder) by Here the Court struck down a Washington State prison regulation that prohibited the receipt by prisoners of gift publications, holding that the regulation had no rational relationship to penological concerns and violated …

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Ensign Amendment

Amatel v. Reno, No. 97-5293 (D.C. Cir.) (156 F.3d 192) (September 15, 1998) (Judge Stephen F. Williams) by Case reversed decision by Judge Sporkin which held that legislation and prison regulations that effectively prohibited distribution of publications such as Playboy and Penthouse were facially invalid under the First Amendment. This …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher) by Here the Court held that the regulation at issue, which resulted in a denial of an inmate's request to receive Playboy Magazine, was facially overbroad and could not be rendered valid by …