×
You've used up your 3 free articles for this month. Subscribe today.
Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process
Loaded on Nov. 30, 2022
by Mark Wilson
published in Prison Legal News
December, 2022, page 25
Filed under:
Due Process.
Location:
Alaska.
by Mark Wilson
Can a prisoner’s mail be rejected without any notice whatsoever? Not without violating his Fourteenth Amendment due process rights. That was the decision of a federal court in Alaska on December 14, 2021.
At issue was a discrepancy in the mail policy of the state Department of ...
Full article and associated cases available to subscribers.
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
More from this issue:
- ‘Plainly Grossly Inadequate’: Federal Court Finds Arizona Prison Healthcare Deliberately Indifferent to Prisoners’ Risk of Serious Harm, by Matthew Clarke
- Settlement Extended Again After Federal Judge Faults California Prisons for Using Snitches in Solitary and Parole Procedures, by Jacob Barrett
- From the Editor, by Paul Wright
- Oregon Supreme Court Holds Corizon Health and Other Jail Contractors Liable Under State Disability Rights Laws, by Mark Wilson
- Colorado Prisoner Targeted by Gangs Wins Injunction for Placement in Protective Custody, by David Reutter
- Eighth Circuit Strands Missouri Prisoners Sentenced to Life Without Parole as Juveniles in ‘Opaque’ Review Process, by Douglas Ankney
- Cages in the Coalfields, by Judah Schept
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, by David Reutter
- Federal Judge Says Alaska DOC Policy Rejecting Prisoner Mail Without Notice Violates Due Process, by Mark Wilson
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, by Matthew Clarke
- North Carolina Prisoners Languish Without Air Conditioning, by Kevin Bliss
- Ninth Circuit Tells Nevada DOC: ‘Wait and See’ Prisoner Medical Care Can’t Become ‘Deny and Delay’, by David Reutter
- Class Certified in ‘Orange Crush’ Shakedown Lawsuit by Illinois Prisoners, by David Reutter
- $2.57 Million Settlement for Hogtying Death in NC Police Custody, by Eike Blohm, MD
- Pennsylvania County Retakes Control of Jail From GEO Group, by Keith Sanders
- Fourteen Officials Indicted in New Jersey Women’s Prison Abuse Scandal, $21 Million Class-Action Settlement Reached, by Ashleigh Dye
- Prisoners Awarded Damages for Denial of Public Records by Ohio Prison Officials, by David Reutter
- Tenth Circuit Revives Suit Against Colorado Jail Guard in Death of Mentally Disabled Detainee, by David Reutter
- California Pays $3.5 Million to Settle Suit Over State Prisoner’s Murder, by Ashleigh Dye
- LGBTQ Adults and Youth Face Criminalization and Over-Incarceration, by Jacob Barrett
- Former South Carolina Deputy Gets 18 Years for Driving Transport Van With Two Detainees Into Flood, Drowning Them, by Ashleigh Dye
- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
- Excess Prisoner-Made Hand Sanitizer Costing N.Y. Taxpayers Millions to Dispose Of, by David Reutter
- After Sixth Circuit Stops Attempted End-Run Around Rules, Former Kentucky Jail Detainee Settles Suit Against Southern Health Partners, by Kevin Bliss
- CDCR’s Medication Assisted Treatment Program for Substance Abusers is a Resounding Success, by Matthew Clarke
- New Policy Banning Care Packages Makes Life Harder for N.Y. Prisoners, by Jayson Hawkins
- Former Deputy Warden Gets Two Years for Assaulting Mississippi Prisoner, by Kevin Bliss
- New York City Jails Admit Illegally Recording Over 2,200 Attorney-Client Phone Calls, by Anthony Accurso
- South Carolina Death Row Doctor Breaks Silence About Years of Executions, by Ashleigh Dye
- Texas Commission on Jail Standards Finds Unacceptable Conditions in Nueces County Jail, by Benjamin Tschirhart
- Texas Prisoner Killed After Wounding Guard in Escape and Killing Family While on the Run, by Matthew Clarke
- Disgraced Virginia Sheriff Gets 12 Years for Bribery and Corruption, by Ashleigh Dye
- Idaho Lowers Cloak of Darkness Over Execution Protocols, by Douglas Ankney
- Ninth Circuit Denies Qualified Immunity to Doctor and Nurses at California Jail Who Treated Detainee’s Ruptured Aorta With Pepto Bismol, by David Reutter
- ‘Good Time’ Credit Policy Wrongly Under Attack in Alabama, by Jo Ellen Nott
- ACH Settles After Federal Jury Awards $8.5 Million in Suit Over Missouri Detainee’s Death, by Benjamin Tschirhart
- Nevada Supreme Court: DOC Owes Parolee Credit for Any Days Over 60 Awaiting Revocation in Prison, by Matthew Clarke
- Ninth Circuit: Prisoner Filing a New Grievance That Makes New Claims Does Not Render Previous Grievance ‘Unexhausted’, by David Reutter
- $3.7 Million in Attorney Fees Paid to Settle COVID-19 Class-Action at Orange County Jail, by Jacob Barrett
- Federal Jury Awards $30,501 to Indiana Prisoner in Retaliation Lawsuit, by David Reutter
- Federal Government Pays $300,000 for Endangering Diabetic Prisoner With ‘Dramatically’ Subpar Care, by Benjamin Tschirhart
- Arkansas Supreme Court Rules Felony Enhancements Subject to Parole Eligibility Statute in Place at Time of Crime, by Jacob Barrett
- COVID-19 Stimulus Garnished From Federal Prisoner, but Only After Eighth Circuit Says ‘Not So Fast’, by David Reutter
- Ninth Circuit: New Suit Not Required After Curing Failure to Exhaust Administrative Remedies, by David Reutter
- Third Guilty Plea Entered in Massive Aryan Brotherhood Drug Conspiracy in California Prisons, by Jo Ellen Nott
- Settlement Reached in COVID-19 Class Action Against DC Jail, by Jayson Hawkins, Kevin Bliss
- News in Brief
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Lawsuit Over Mailroom Abuses by Washington DOC Leads to Policy Changes, June 1, 2024. Retaliation for Litigating, Retaliation for Filing Grievances, Photos, Sexually Explicit Materials, Mail Regulations, Due Process, Legal Mail.
- Misadventures in Mail Censorship, Jan. 1, 2024. Administrative Exhaustion (PLRA), Grievances, Mail, Publications/Books, Mail Regulations, Due Process, Censorship, Prison Regulations.
- Eleventh Circuit Addresses First Amendment, Due Process Interests in Georgia Prisoner Emails, Jan. 1, 2024. Electronic Monitoring, Qualified Immunity, Due Process, First Amendment, rights, Attorney Misconduct/Disqualification, Email and IP Addresses, Prison Mail, Legitimate Penological Interests.
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel, Oct. 1, 2021. Due Process, Legal Mail, Periods of Delay, Self-representation.
- Kansas Jail Prisoners Win Lawsuit Over Postcard-only Policy, June 8, 2018. Mail Regulations, Due Process, Legal Mail.
- Fifth Circuit: 96-Day Pretrial Detention Without Appearance Before Judge or Chance to Post Bail Violates Fourteenth Amendment Due Process Rights, May 22, 2018. Bail, Overdetention, Due Process, Fourteenth Amendment, rights.
- Fifth Circuit Holds Prisoner May Sign and Deliver Habeas-Related Motion on Behalf of Fellow Prisoner Under Prison Mailbox Rule, May 22, 2018. Prisoner Legal Assistance, Limitations, Habeas Corpus, Mail Regulations, Due Process, Legal Mail.
- U.S. Supreme Court Holds Residual Clause Definition of ‘Crime of Violence’ Unconstitutionally Vague Under Due Process Clause, May 15, 2018. Sentencing, Due Process.
- Due Process Mandatory Before Texas Requires Sex Offender Registration for Crimes not Covered by Statute, May 7, 2018. Sex Offender Registration, Sentencing, Due Process.
- Washington v. Marion County Prosecutor, No. 16-cv-02980-JMS-DML (S.D.Ind.) ( F.Supp.3d ) (August 18, 2017) (Judge Jane Magnus-Stinson), Sept. 11, 2017. Due Process, Punch And Jurists.