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WA Publisher Only Rule Challenged
In the February, 1995, issue of PLN we reported on Sindars v. Riveland, an unpublished ninth circuit ruling reversing dismissal of a Washington state prisoner's challenge to the Washington DOC's "publisher only" rule which mandates that all written materials be sent from the publisher. In a very similar ruling the ninth circuit has again, in an unpublished opinion, reversed the dismissal of a suit challenging the "publisher only" rule and a rule which requires all items received by prisoners to be paid for from their prison account.
Thomas Richey, a PLN subscriber at the Washington State Penitentiary (WSP), filed suit claiming prison officials had violated his first amendment rights when they refused to allow him to receive a package of three books sent from a bookstore in Scotland. The defendants had rejected the package because it had not been purchased with money from his inmate account and had instead been paid for by Richey's aunt. Both parties moved for summary judgment and the lower court, magistrate Cynthia Imbrogno, dismissed the action holding the regulations in question were "reasonably related to legitimate penological interests."
The court of appeals for the ninth circuit reversed and remanded. "Richey raised a triable issue of fact as to whether the rule restricting the receipt of any item sent through the mail `if items are not ordered and approved in advance through facility designated channels,' Department of Corrections (DOC) Policy 450.100 Procedure (A)(2)(t), and the publisher-only rule, DOC Policy 450.100 Procedure (E)(1), are reasonably related to a legitimate penological objective in view of the exception which provides that inmates may receive quarterly packages containing Bibles, religious books, textbooks, diaries, or journals directly from family and friends, DOC Policy 450.100 Procedure (F). The district court's order does not address this argument."
"This issue is material,... because the lack of a reasonable relationship with a valid penological objective would be fatal to the rule restricting the receipt of any item sent through the mail if items are not ordered and approved in advance through facility designated channels and the publisher-only rule.... Furthermore, this issue is genuine,... because the exception which provides that inmates may receive quarterly packages containing Bibles, religious books, textbooks, diaries, or journals directly from family and friends might permit a reasonable jury to conclude the other policies are `arbitrary or irrational,'... or represent an `exaggerated response' to legitimate penological concerns."
Because this is not a published ruling readers are reminded it should not be cited as controlling precedent. We present this and other unpublished rulings so that readers will be aware of developments that may affect them. We encourage readers to send us rulings resulting in prisoner wins, even if unpublished. See: Richey v. Spalding, 1995 WL 72390, 48 F.3d 1228 (9th Cir. 1995).
Thomas Richey, a PLN subscriber at the Washington State Penitentiary (WSP), filed suit claiming prison officials had violated his first amendment rights when they refused to allow him to receive a package of three books sent from a bookstore in Scotland. The defendants had rejected the package because it had not been purchased with money from his inmate account and had instead been paid for by Richey's aunt. Both parties moved for summary judgment and the lower court, magistrate Cynthia Imbrogno, dismissed the action holding the regulations in question were "reasonably related to legitimate penological interests."
The court of appeals for the ninth circuit reversed and remanded. "Richey raised a triable issue of fact as to whether the rule restricting the receipt of any item sent through the mail `if items are not ordered and approved in advance through facility designated channels,' Department of Corrections (DOC) Policy 450.100 Procedure (A)(2)(t), and the publisher-only rule, DOC Policy 450.100 Procedure (E)(1), are reasonably related to a legitimate penological objective in view of the exception which provides that inmates may receive quarterly packages containing Bibles, religious books, textbooks, diaries, or journals directly from family and friends, DOC Policy 450.100 Procedure (F). The district court's order does not address this argument."
"This issue is material,... because the lack of a reasonable relationship with a valid penological objective would be fatal to the rule restricting the receipt of any item sent through the mail if items are not ordered and approved in advance through facility designated channels and the publisher-only rule.... Furthermore, this issue is genuine,... because the exception which provides that inmates may receive quarterly packages containing Bibles, religious books, textbooks, diaries, or journals directly from family and friends might permit a reasonable jury to conclude the other policies are `arbitrary or irrational,'... or represent an `exaggerated response' to legitimate penological concerns."
Because this is not a published ruling readers are reminded it should not be cited as controlling precedent. We present this and other unpublished rulings so that readers will be aware of developments that may affect them. We encourage readers to send us rulings resulting in prisoner wins, even if unpublished. See: Richey v. Spalding, 1995 WL 72390, 48 F.3d 1228 (9th Cir. 1995).
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Related legal case
Richey v. Spalding
| Year | 1995 |
|---|---|
| Cite | 1995 WL 72390, 48 F.3d 1228 (9th Cir. 1995) |
| Level | Court of Appeals |
1. Richey v. Spalding, No. 94-35213, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, 1995 U.S. App. , February 15, 1995, ** Submitted** The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4., February 22, 1995, FILED, THIS DISPOSITION IS NOT APPROPRIATE FOR PUBLICATION AND MAY NOT BE CITED TO OR BY THE COURTS OF THIS CIRCUIT EXCEPT AS PROVIDED BY THE 9TH CIR. R. 36-3., Reported in Table Case Format at: 48 F.3d 1228, 1995 U.S. App. .
... THOMAS WILLIAM SINCLAIR RICHEY, Plaintiff-Appellant, v. JAMES SPALDING, Superintendent; et al., ...
... THOMAS WILLIAM SINCLAIR RICHEY, Plaintiff - Appellant, Pro ...
WA. For JAMES SPALDING, Superintendent, et. al., ...
Thomas W. S. Richey appeals pro se the ...
in favor of the defendants. Richey alleged that the defendants violated his ...
a package addressed to Richey containing three paperback ...
books were not prepaid from Richey's inmate account, but ...
purchased and sent by Richey's aunt. After exhausting his administrative remedies, Richey instigated this action. The parties ...
Turner v. Safley, 482 U.S. 78, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987).Richey raised a triable ...
... THOMAS WILLIAM SINCLAIR RICHEY, Plaintiff-Appellant, v. JAMES SPALDING, Superintendent; et al., ...
... THOMAS WILLIAM SINCLAIR RICHEY, Plaintiff - Appellant, Pro ...
WA. For JAMES SPALDING, Superintendent, et. al., ...
Thomas W. S. Richey appeals pro se the ...
in favor of the defendants. Richey alleged that the defendants violated his ...
a package addressed to Richey containing three paperback ...
books were not prepaid from Richey's inmate account, but ...
purchased and sent by Richey's aunt. After exhausting his administrative remedies, Richey instigated this action. The parties ...
Turner v. Safley, 482 U.S. 78, 96 L. Ed. 2d 64, 107 S. Ct. 2254 (1987).Richey raised a triable ...