· 2/7/2001
Prison Legal News v. Cook
Citations
- 238 F.3d 1145
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that due 11 process rights apply to withheld mail where prisoners had constitutionally protected right to 12 receive the mail
- determining that a ban on non-profit subscription publications “is not rationally related to the Department’s interest in rendering efficient cell searches”
- relying in part on unpublished district court decisions to determine the law was not clearly established
- considering how a prison regulation affected the 6 legitimate government objective of “not substantially deplet[ing] prison resources”
- the withholding of an inmate’s subscription newsletter must be accompanied by Martinez due process safeguards, including notice and administrative review
- “The Department has presented no evidence supporting a rational distinction between the risk of contraband in subscription nonprofit organization standard mail and first class or periodicals mail.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.