This case challenges a new policy of the DOC that requires that all incoming non-legal correspondence be in plain white envelopes and requires that the correspondence “be on originally purchased, plain white, lined paper (no photocopies).” The ACLU of Indiana is representing two prisoners at the Wabash Valley Correctional Facility. The case alleges that this violates the First Amendment. 

Under the Executive Directive, items such as photocopies or clippings containing news, information designed to be of use in the prisoner’s appeal or post-conviction proceedings, greeting cards or letters generated by persons who use computers because of difficulties in writing, are not delivered to prisoners. 

The Court certified the case as a class action and entered a preliminary injunction for the plaintiffs.

The DOC is appealing the injunction and the matter is being briefed in the Seventh Circuit.

 

Court

U.S. Dist. Ct. – So. Dist. of Indiana; U.S. Court of Appeals for the Seventh Circuit

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