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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 ...
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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
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- 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
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- $54,000 Award for Georgia Prisoner in Failure-To-Protect Lawsuit, by David Reutter
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- 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
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- News in Brief
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- 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
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- 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:
- 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.
- Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions, Aug. 30, 2017. Due Process.