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Article • January 18, 2004
Thornburgh v. Abbott, No. 87-1344 (U.S. Supreme Court) (490 U.S. 401; 109 S.Ct. 1874) (May 15, 1989) (Justice Blackmun) by At issue in this case were regulations promulgated by the Federal Bureau of Prisons that broadly permited federal prisoners to receive publications from the "outside," but which also authorized prison …
Article • January 18, 2004
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 …
Article • January 18, 2004
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 This decision is the Supreme Court's seminal decision on the standards that should apply to determine the vbalidity of prison regulations. Here, the Eighth Circuit had affirmed a district court's …
Article • January 18, 2004
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 …
Article • January 1, 2004 • from P&J January, 2004
ABC, Inc. v. Stewart, No. 04-0220-CR (2nd Cir.) (360 F.3d 90) (February 18, 2004) (Judge Robert A. Katzmann) by Here the Court held that the district court violated the media’s First Amendment rights of access to the courts when it excluded the media from the voire dire jury selection aspects …
Article • December 1, 2003 • from P&J December, 2003
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 …
Article • October 1, 2003 • from P&J October, 2003
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 …
Article • October 1, 2003 • from P&J October, 2003
Scicluna v. Wells, No. 02-2117 (6th Cir.) (345 F.3d 441) (October 2, 2003) (Judge Ronald Lee Gilman) by Scicluna v. Wells, 345 F.3d 441 (6th Cir. 2003) (Judge Gilman) Majors v. Ridley-Turner, 277 F.Supp.2d 916 (N.D.Ind. 2003) (Judge Sharp) The decisions in these two cases help to explain why so …
Article • October 1, 2003 • from P&J October, 2003
Majors v. Ridley-Turner, No. 3:03-CV-0585 AS (N.D.Ind.) (277 F.Supp.2d 916) (August 18, 2003) (Judge Allen Sharp) by Here the Court held that a series of barbaric and incompetent acts by prison dentists on an unmate die not rise to the level of deliberate indifference required by the Eighth Amendment since …
Article • October 1, 2003 • from P&J October, 2003
Cutter v. Wilkinson, No. 02-3270 (6th Cir.) (349 F.3d 257) (November 7, 2003) (Judge Ronald Lee Gilman) by Here the Court held that a portion of the Religious Land Use and Institutionalized Persons Act (RLUIPA) violated the Establishment Clause and was unconstitutional because it fostered excessive involvement of the Government …
Article • September 1, 2003 • from P&J September, 2003
Marion County Jail Inmates v. Anderson, No. IP72-0425-C-B/S (S.D.Ind.) (270 F.Supp.2d 1034) (July 10, 2003) (Judge Sarah Evans Barker) by Here, finding that the conditions at the Marion County Jail were neither “safe” nor “humane,” District Judge Sarah Barker held that Sheriff Frank Anderson was in contempt for failing to …
Article • August 1, 2003 • from P&J August, 2003
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
Article • August 1, 2003 • from P&J August, 2003
Prison Legal News v. Lehman, No. C01-1911L (W.D.Wash.) (272 F.Supp.2d 1151) (June 17, 2003) (Judge Robert S. Lasnik) by
Article • July 1, 2003 • from P&J July, 2003
Farrakhan v. State of Washingtom, No. 01-35032 (9th Cir.) (338 F.3d 1009) (July 25, 2003) (Judge Richard A. Paez) by Here the Ninth Circuit held that the district court had erred when it concluded that Washington State’s felon disenfranchisement scheme did not violate the federal Voting Rights Act (42 U.S.C. …
Article • June 16, 2003
Bounds v. Smith, No. 75-915 (U.S. Supreme Court) (430 U.S. 817; 97 S.Ct. 1491) (April 27, 1977) (Justice Marshall) by Here the Court held that the fundamental constitutional right of access to the courts requires prison authorities to assist prisoners in the preparation and filing of meaningful legal papers by …
Article • March 31, 2003
Lewis v. Casey, No. 94-1511 (U.S. Supreme Court) (518 U.S. 343; 116 S.Ct. 2174) (June 24, 1996) (Justice Scalia) by In this case inmates in Arizona prisons brought a class action alleging that the Arizona Department of Corrections was depriving them of access to courts by, among other things, employing …
Article • February 1, 2003 • from P&J February, 2003
Laube v. Haley, No. Civ.A.01-T-957-N (M.D.Ala.) (234 F.Supp.2d 1227) (December 2, 2002) (Judge Myron H. Thompson) by Plaintiffs, 15 female prisoners, alleged that the conditions for female inmates in the Alabama State Prison System violated the Eighth Amendment. The prisoners sought a preliminary injunction against defendants, a governor, a department …
Article • November 1, 2002 • from P&J November, 2002
Handberry v. Thompson, No. 96 CIV. 6161 (S.D.N.Y.) (219 F.Supp.2d 525) (August 28, 2002) (Judge Constance Baker Motley) by In this latest ruling in a long-standing class action lawsuit against Rikers Island over its refusal to offer educational programs to youthful offenders, Judge Motley firmly ordered prison officials to comply …
Article • October 1, 2002 • from P&J October, 2002
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 …
Article • August 8, 2002
County of Sacramento v. Lewis, No. 96-1337 (U.S. Supreme Court) (523 U.S. 833; 118 S.Ct. 1708) (May 26, 1998) (Justice Souter) by In this case the police engaged in a high speed chase of a teen-aged suspect that resulted in the death of a passenger in the suspect's motorcycle when …
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