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Johnson v. Mitchem
Prison Publications Case

AGENDA AREA: Institutionalized persons

Case Number: 97-CV-1301
Court where filed: USDC Northern District of Alabama
Date filed: 05/27/1997
Status: Settled
 
Plaintiffs: Class of Alabama prisoners not allowed to receive magazines, catalogs and books through the mail not on a narrow, prescribed list
Defendants: Warden Billy Mitchem, Donaldson Correctional Facility
Date(s) of Disposition:
02/27/1998: Case settled and dismissed
Amended Complaint : Amended complaint 8-8-97

Stipulation : Stipulation 12-8-97


Advocating for the First Amendment
The warden at Alabama's Donaldson Correctional Facility implemented a publications policy that restricted the selection of magazines that inmates could order to a pre-approved list of a mere sixteen publications.

Books, catalogs, and any magazines not on the warden's list were suddenly not allowed. Newspapers that were not from the inmate's hometown were also suddenly and arbitrarily prohibited.

Never mind that inmates had regular subscriptions to magazines such as Scientific American, or that they had received books, magazines and catalogs from publishers for years. None of that mattered under the new policy unilaterally imposed by the warden.

Center attorneys argued that the restrictive policy violated the inmates' First Amendment rights while serving no legitimate penological purpose. In a matter of months, the warden withdrew his restrictive policy and settled the case without a trial.

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