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12-22-2004, 07:10 AM
Posted on Wed, Dec. 22, 2004
Appeals court rules challenge to restrictions on inmate subscriptions
Associated Press
DENVER -The 10th Circuit Court of Appeals has ordered a lower court to reconsider a Kansas Department of Corrections policy restricting prison inmates' newspaper, magazine and newsletter subscriptions.
The appeals court said in its ruling Tuesday that U.S. Senior District Judge G. Thomas VanBebber should not have dismissed cases filed by two former inmates and a Seattle-based monthly newsletter called Prison Legal News without a trial.
Attorneys representing the inmates and Prison Legal News had argued the ban on gift subscriptions for inmates, limitations on the amount inmates could spend on publications and rules that prevent some inmates from receiving any subscriptions violated free speech rights. They also argued the restrictions isolated inmates from the outside.
The state had argued that the policies helped control the flow of property to inmates, control contraband, encourage inmates to spend money wisely and provide incentives for inmates to remain on good behavior.
However, the 10th Circuit Court of Appeals said in its written ruling that the state's "behavior management rationale" was not supported "and should be explored upon remand."
The appeals court noted that the ban on publications for some inmates "appears to be a status of function, not behavior," and that the state did not link the $30 monthly limit on books, newspapers and periodicals to an increase in payments of restitution, child support or court fees.
"Stated another way, if inmates are required to meet such obligations before discretionary expenditures, the $30 limitation would not appear to be a factor," the court wrote.
The court also said evidence was needed to support other issues, such as whether inmates have "alternative means to exercise their First Amendment rights."
The prison policies were raised in three cases, one filed by Prison Legal News in 2002, and separate cases filed in 2000 and 2001 by Kris Zimmerman and Joseph E. Jacklovich Sr., who were both inmates at the Hutchinson Correctional Facility but were released earlier this year.
Zimmerman and Jacklovich sued after the Hutchinson prison confiscated hometown newspapers and magazines, such as Bee Culture for Zimmerman and Easy Rider for Jacklovich. Zimmerman wants the state to pay him for the publications it seized; Jacklovich is seeking $200,000 in damages.
Last year, VanBebber sided with the state, dismissing all three cases before a trial. Also, in a separate case in August, the Kansas Supreme Court upheld department policy.
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The cases are Kris Zimmerman v. Charles Simmons, et. al, No. 00-cv-3370; Joseph E. Jacklovich Sr., v. Charles Simmons, et al., No. 01-cv-3017, and +Prison+ Legal News v. Charles Simmons, No. 02-cv-4054.
On the Net:
Department of Corrections: http://docnet.dc.state.ks.us
Prison Legal News: http://www.prisonlegalnews.org
http://www.kansascity.com/mld/kansascity/news/local/10472525.htm
Deb
Appeals court rules challenge to restrictions on inmate subscriptions
Associated Press
DENVER -The 10th Circuit Court of Appeals has ordered a lower court to reconsider a Kansas Department of Corrections policy restricting prison inmates' newspaper, magazine and newsletter subscriptions.
The appeals court said in its ruling Tuesday that U.S. Senior District Judge G. Thomas VanBebber should not have dismissed cases filed by two former inmates and a Seattle-based monthly newsletter called Prison Legal News without a trial.
Attorneys representing the inmates and Prison Legal News had argued the ban on gift subscriptions for inmates, limitations on the amount inmates could spend on publications and rules that prevent some inmates from receiving any subscriptions violated free speech rights. They also argued the restrictions isolated inmates from the outside.
The state had argued that the policies helped control the flow of property to inmates, control contraband, encourage inmates to spend money wisely and provide incentives for inmates to remain on good behavior.
However, the 10th Circuit Court of Appeals said in its written ruling that the state's "behavior management rationale" was not supported "and should be explored upon remand."
The appeals court noted that the ban on publications for some inmates "appears to be a status of function, not behavior," and that the state did not link the $30 monthly limit on books, newspapers and periodicals to an increase in payments of restitution, child support or court fees.
"Stated another way, if inmates are required to meet such obligations before discretionary expenditures, the $30 limitation would not appear to be a factor," the court wrote.
The court also said evidence was needed to support other issues, such as whether inmates have "alternative means to exercise their First Amendment rights."
The prison policies were raised in three cases, one filed by Prison Legal News in 2002, and separate cases filed in 2000 and 2001 by Kris Zimmerman and Joseph E. Jacklovich Sr., who were both inmates at the Hutchinson Correctional Facility but were released earlier this year.
Zimmerman and Jacklovich sued after the Hutchinson prison confiscated hometown newspapers and magazines, such as Bee Culture for Zimmerman and Easy Rider for Jacklovich. Zimmerman wants the state to pay him for the publications it seized; Jacklovich is seeking $200,000 in damages.
Last year, VanBebber sided with the state, dismissing all three cases before a trial. Also, in a separate case in August, the Kansas Supreme Court upheld department policy.
---
The cases are Kris Zimmerman v. Charles Simmons, et. al, No. 00-cv-3370; Joseph E. Jacklovich Sr., v. Charles Simmons, et al., No. 01-cv-3017, and +Prison+ Legal News v. Charles Simmons, No. 02-cv-4054.
On the Net:
Department of Corrections: http://docnet.dc.state.ks.us
Prison Legal News: http://www.prisonlegalnews.org
http://www.kansascity.com/mld/kansascity/news/local/10472525.htm
Deb