Zimmerman v. Simmons.

U.S. District Court

LIMITATION

PROHIBITED -- PUBLICATIONS

Zimmerman v. Simmons, 260 F.Supp.2d 1077 (D.Kan. 2003). State prison inmates and a non-profit publisher of a prison newspaper, Prison Legal News, brought an action against state prison officials. The district court held that prison regulations and policies limiting inmates' receipt of publications, and barring receipt of free or gift subscriptions, were rationally related to a legitimate penological interest, and did not violate the First Amendment or due process. The prison internal policies prevented certain inmates in a lower offender classification from purchasing publications, and limited other inmates to $30 per month for the purchase of publications. The court found that these policies were rationally related to prison interests that included: controlling, managing and tracking property in prison to identify the existence of prohibited activities; promoting order through privileges and incentives; and ensuring the collection of inmates' other financial obligations such as restitution and child support. The court also held that the officials' failure to directly notify the non-profit publisher when its free publications were not delivered to inmates, did not violate the publisher's due process rights. The court noted that approval or disapproval of the publication was not on a case-by-case or issue-by-issue basis, depending on the content of the publication, that the regulation was applicable to all free or gift publications, and that inmates were notified of non-delivery. (Kansas Department of Corrections)