×
You have 2 more free articles available this month. Subscribe today.
Utah Porn Ban Rescinded; Suit Settled
In 1997 Utah prison officials wrote a policy which prohibited prisoners in that state from ordering, receiving or possessing any written or printed materials that contained "sexually explicit materials." The policy also prohibited prisoners from receiving or possessing any written or printed materials that contained depictions of nudity or partial nudity.
Utah prisoners filed a class action lawsuit in federal court challenging the constitutionality of this policy. The prisoners claimed the policy violated their First amendment right to free speech as well as their rights under the Utah state constitution. No damages were sought, only declaratory and injunctive relief was requested.
On April 29, 1998, the Utah DOC settled the suit by withdrawing the policy. No prisoners were ever actually deprived of sexually explicit materials while the suit was ongoing and between when the policy was enacted and when it was withdrawn.
The defendants did not admit any wrongdoing and claimed they settled the case "only to terminate unnecessary and costly litigation...." The defendants also agreed to pay class counsel Brian Barnard $15,000 in attorney fees for litigating the case. [Mr. Barnard also represents PLN in its suit challenging the Utah DOC's ban on third class mail. See PLN , July, 1998.] Readers should note this is an unpublished settlement. See: Perry v. McCotter , USDC Utah, Case No. 97-CV-0475C.
Utah prisoners filed a class action lawsuit in federal court challenging the constitutionality of this policy. The prisoners claimed the policy violated their First amendment right to free speech as well as their rights under the Utah state constitution. No damages were sought, only declaratory and injunctive relief was requested.
On April 29, 1998, the Utah DOC settled the suit by withdrawing the policy. No prisoners were ever actually deprived of sexually explicit materials while the suit was ongoing and between when the policy was enacted and when it was withdrawn.
The defendants did not admit any wrongdoing and claimed they settled the case "only to terminate unnecessary and costly litigation...." The defendants also agreed to pay class counsel Brian Barnard $15,000 in attorney fees for litigating the case. [Mr. Barnard also represents PLN in its suit challenging the Utah DOC's ban on third class mail. See PLN , July, 1998.] Readers should note this is an unpublished settlement. See: Perry v. McCotter , USDC Utah, Case No. 97-CV-0475C.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Perry v. McCotter
| Year | 1997 |
|---|---|
| Cite | USDC Utah, Case No. 97-CV-0475C |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 15000 |
| Injunction Status | N/A |