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· 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  • relying in part on unpublished district court decisions to determine the law was not clearly established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).

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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.