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Ashker v. California Dept. of Corrections.

U.S. Appeals Court


Ashker v. California Dept. of Corrections, 350 F.3d 917 (9th Cir. 2003). A state prisoner brought a [section] 1983 action challenging a prison policy that requires books and magazines mailed to a prison to have approved vendor labels affixed to them. The district court granted summary judgment in favor of the prisoner and issued a permanent injunction against the defendants. The appeals court affirmed, finding that the policy was not rationally related to the prison's asserted interest in security and order, and therefore violated the prisoner's First Amendment rights. The court noted that the prison already required that books be sent directly from approved vendors, allowing officials to reduce contraband smuggling by checking address labels and invoices, and that the prison was still searching all mail for contraband. The court also noted that the policy was not applied to non-book packages. (Security Housing Unit, Pelican Bay State Prison, California)
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Article Details
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Title Annotation:violation of United States Constitution. 1st Amendment
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U9CA
Date:Feb 1, 2004
Previous Article:Williams v. Kaufman County.
Next Article:Lebron v. Armstrong.

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