On November 20, 2003, Plaintiff Mark Jordan, an inmate at the United States Penitentiary, Administrative Maximum 2 facility in Florence, Colorado ("Florence ADX"), commenced this action in the U.S. District Court for Colorado on November 20, 2003, seeking declaratory relief, injunctive relief and damages arising out of alleged violations of his First and Fifth Amendment rights.

Plaintiff claimed that his rights were being violated by the Federal Bureau of Prisons by enforcing 28 C.F.R. § 540.71(a)(2), which prevents inmates from receiving soft cover publications unless sent directly from the publisher, a bookclub, or a bookstore.

Following a one day bench trial Monday, June 12, 2006, the District Court (Judge Phillip S. Figa) entered judgment in favor of plaintiff on October 26, 2006 as follows:

1. Declared 28 C.F.R. § 540.71(a)(2) to be unconstitutional as to Mr. Jordan as applied specifically to unbound printed pages such as newspaper or magazine clippings, photocopies of newspaper or magazine articles, and internet printouts to the extent that these items do not exceed reasonable length or volume limitations or other reasonable restrictions otherwise applicable to inmate correspondence and mail; and

2. Permanently enjoined defendants from applying and enforcing 28 C.F.R. § 540.71(a)(2) in such a manner as to prevent Mr. Jordan from receiving such items from sources other than publishers, book clubs or bookstores.

According to the PACER docket, the Federal Bureau of Prisons did not file a notice of appeal as to the Court's judgment.

Dan Dalton - 03/05/2007


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