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Prison Legal News v. Haley, Settlement, Alabama DOC Gift Subscription Censorship 2000

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IN 11IE UNITED 5.-a.~18
COURT
FOR THE MIDDLE DISTRICT OF ALA BAMA

6IMSf!r

lIlIl~

PRISON I.EGAL NEWS, INC., and
AYEN H . COTION
,

M 21 P b= 3b
AR
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C~BR'" t'. :iA~ !\!:TT.

HWDl[ OlS I

Plaintiffs,

CUI

U.S. OISTIl IC,r,COUflT

C1 AL A

)
)

M ICH AEL l lALEY, Commissioner
of the Alabama Departmen t o f Corrections,
Defend an t.

Case No. 99-D-486-N

)
)
)
)
)

STIPULAn O N
1.

The Plaintiffs challenge the Alabama De pa rtment of Corrections'

(" £XX") policy prohibiting inma tes from receiving books, magaz ines, or

newspapers unless they ha ve been paid fo r with funds fro m inm a tes' Priso n e r
Money o n Depo s it ("P MOD") acco u n ts as viol ative of the First Amendment 10
th e United States Constitution . Under th e policy, inm a tes may not receive free
publica tions o r gift publications purcha~d for them by fa mily members, friends,
o r chari table organizations. The plaintiffs also challenge th e fa ilure o f the
De fen dan t to pmvidt' due process guarantt>es to publishers whose publications
are re jected as viola tive o f the Fo u rteen th Amendment to th e United States
Cun:;ti tu tiun. Defen d an t H aley denies that th e challenged policies violate the
Constitution.
2.

In order to resolve this lawsui t, th e Defendant, on behalf of himsel f,

h is agents and SUCCt:SSOfS, agrees to permi t inmates to receive fr ee and gift
publications. The Defen d a nt

agr~s

to place the following language in th e

DOC's Adm inistrative Regu lation #303 (" AR

303~ ):

xm PUBU CATIONS
A.

Inmates may receive a limited number of p ublications - books,
maguines, newspapers, book catalogues, and government
pamphlets - so kmg as the p u blications are received directly from
the p ublis her. Inma tes may recetve tree and ~ p ublkationsso
long as they are ma iled directly from the p u bl isher a nd meet a U
other secu rity and sp ac limi tat ion requirem e n ts lis ted below. If
e
a n in m ate p u rchases a publication, it mus t be pre-paid from the
inm ate's Prison e rs Mon ey o n Depos it Accoun t (PMOD). Each
Institu tiona l I lead w il l l'Slablish a s pecific limi t o n the n u mber o f
publications each inmat e may receive. Th is limit will be based
u po n space, St.-CUrity, fire, and o pera tio nal cons ide rat ions a nd o n
'
capacity a n d s ize o f e ach institu tion' s ma il ha n d lin g faci lity.
Different institu tio na llimils ma y be established fo r differen t
jnmate based u pon C'U:ltocly , living space a$..'iignment, security, o r
s
ma int l"nimce of o rd pr. Howe ver, an inma b,o w ill not be allowed to
recejve mo~ boob, m agazines and /or newspapers than he/she
can safely store in a personal locker along wi th o the r authorized
pos5CSSi0n5 .

3.

!he Defendant also agrees to provide pub lbhe rs with notice and an

opportunity to be heard if th eir publications are rejected by the DOC. The
De fendan t agrees to p lace the folloWing la n guage in AR 303:
H-

The Facility Wa rd en or his / her designee shall provide th e
publisher written n oti C(' of a re jected p ublica ti on wi thin five (5)
wo rk in g d ays afte r th e T'l.'Ccip t of th e pub licatio n by th e ma il cle rk.
Th e w rillen notice mus t (1) cle a rly sta te th e reaso n (s ) fo r the
re je<;lion; (2) in fo rm th.. p ub lish e r o f its right to a p peal and; (3)
ex plai n th a t th e publis he r may ob ta in indepen d en t re vie w o f th e
rejec tio n by send ing its object ions to the Fa cili ty Wa rd en o r Depu ty
Wa rden within tw enty (20) days of the receip t o f the rejection lette r.
If the pub lishe r a ppeals in acco rd a nce w ith th is provision, a n
indep<'"lldent reviewer consisting o f the Ward l"n o r Deputy Ward en
shall review the rejected publication a n d the re ason fo r its e xclusio n
and notify the p u b lisher of his or her decision with in twenty (20)
days.

4.

In the event o f a reje<t..-d p ublication, th e DOC will provide the

p ublish<-'l' an d the inmate a

~Notificat ion

o f Rejected Mail" form explaining th e

2

reasons for the rejection of the publication and their rights to appeal the rejection.
A copy of the form is attached to this Stipulation as Attachmen t A.
5.

The Defendant ag rees to explain the new provisions of AR 3<1.1

described in paragraphs 2 and 3, above, to all Wanhm s, correctional officers and
mailroom personnel at all Alabama correctional facilities.
6.

The Plaintiffs agree to waive their right tu seek fees and costs

incurred in pursuing this lawsuit.
7.

In light of the Defendant's ag reement to the provisions outlined in

this Stipulation, the parties agree that the Plaintiffs' ch<lllenge to the Defendant's
publications policy should be dismissed without prejudice. In the event that the
Defendant breaches this Stipulation, the Plaintiffs may reinstate their sui t and/or
enforce the Stipulation as a contract between the parties in State court.
Stipulated and agreed to this J. 7/1.. day of March, 2000.

Fo r the Pl aint iff s:

_
Ca therine mith
Rhonda Brownstein
1- Richard Cohen
400 Washington Ave.
r.o. Box 2087
Montgomery, AL 36102-2087
(334) 264-0286

tfW

illiam F. Addison
Andrew W. Redd
Alabama Dept. of Corrections
P.O. Box 301501
Montgo m e ry, AL 36130(334) 353- 3885

Approved by the Court o~'i'! day of

#"""

tha.. c..£.
,,(QL

.2000.

~o-t-

UNiTE D STATES DTSTRICT JUDGE

3

NOTlFlCATIQN OF REJECTED MAn
INSTIlUTION;
.

~

FROM:-::::c:::=::c"''''=c:cInstitutional Mail Room

_

DATE:
,

_

_

BED ,
TO; INMATE'-======crWDoiij;C==='rn.r:;,:==~
CFI './DORM
AIS # _

CORRESPONDENCE/Pl)BllCATION:

_

Date received at this institution:
. This cot .espondeocelpublication is
being returned to the lCIIder due to the fonowing reason(s):

- Inma%e bas the option to return mall to send er at hWlJer own expense within 30 days or
property will be destroyed.
- Inmate has 72 hours from above date ofthill notice to protest thi! rerum by stating billlher
rea.soM below and n:turning this fann to the! Mail Room. R~.m(~) CuT protest:

P'ublisbc:r 1w120 days from receipt oftm.. notice to appeal this decision and obtain an
ind~endent review ofthi, rejection by sending its objections to the warden of this hcility.

Inmate Signature

AIS#

INMATBPROTEST DHNIED

INMATE PROTEST UPHELD

PUBLISfIER PROTEST DENIED

PUBLISHER PRQTHST UPHELD

Printed Name! Authorized Signature

Printed Name! Authorized Signature

Date Returned to Sender

Date Returned to Imnate



 

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