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Ashker v. California Dept. of Corrections.

U.S. District Court



Ashker v. California Dept. of Corrections, 224 F.Supp.2d 1253 (N.D.Cal. 2002). State prisoners brought a [section] 1983 action challenging a prison requirement that books received from vendors have a special shipping label attached, alleging violation of their First Amendment rights. The district court granted summary judgment in favor of the prisoners and held that injunctive relief was warranted. The court held that the policy unduly burdened the prisoners' First Amendment rights, noting that the policy was not applied to non-book packages. The court also noted that the goal of reducing opportunities for contraband smuggling could be met by comparing a generic package label with an invoice inside a package, and that the prison was already searching all mail for contraband. (Security Housing Unit, Pelican Bay State Prison, California)
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Article Details
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Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U9CA
Date:Feb 1, 2003
Previous Article:Phelps v. Kapnolas.
Next Article:Clement v. California Dept. of Corrections.

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