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CA: Court of Appeal Rejects First Amendment Claim by Prison Inmate

By Real Cost of Prisons Project (The Sentencing Project)

Court of Appeal Rejects First Amendment Claim by Prison Inmate Possession of Book Authored by Radical Killed in Prison Break Properly Used to Tie Inmate to Gang, Justices Say Metropolitan News-Enterprise Monday, June 14, 2010 By KENNETH OFGANG, Staff Writer Assigning an inmate to secure housing based on his possession of constitutionally protected materials linking him to a gang did not violate his First Amendment rights, the Fifth District Court of Appeal ruled Friday. The judges affirmed Kings Superior Court Judge George L. Orndoff?s order denying Edward T. Furnace?s habeas corpus petition. Furnace claimed his assignment to the Secure Housing Unit at Corcoran State Prison was arbitrary and capricious and deprived him of free speech. Furnace, who was committed to state prison in 1992 to serve a life sentence without possibility of parole for murder and other crimes, was ?validated? as a gang member and assigned to SHU Corcoran in 2008...continue to full post

Full post as published by The Real Cost of Prisons Weblog on June 17, 2010 (boomark / email).