6/2/14 - A federal judge has re-affirmed an earlier order that mail from the American Civil Liberties Union be delivered to inmates at the Livingston County Jail and denied a motion to stay proceedings pending appeal. The ACLU filed a civil complaint in U.S. District Court in late March challenging the constitutionality of the Livingston County Jailâs policy of restricting most incoming and outgoing mail to postcards. The lawsuit names Livingston County, Sheriff Bob Bezotte and Jail Administrator Tom Cremonte. The County claimed letters sent by the ACLU were solicitations and did not contain privileged content but the federal court ruled otherwise. In mid-May, U.S. District Court Judge Denise Hood granted an injunction filed by the ACLU and determined mail sent in this specific case qualified as âlegal mailâ and ordered the Livingston County Jail to deliver it. Livingston Countyâs attorney filed an emergency motion to stay that ruling pending appeal but it was denied in an order issued last week. The court determined that any claim of harm by the defendants was made less compelling by the fact the defendant actions likely infringe on the constitutional rights of jail inmates. Meanwhile, a separate lawsuit filed by Prison Legal News against the County and Bezotte in 2011 is still pending. It also claims that itâs free-speech rights were being violated because authorities wouldn't distribute the publication and other correspondence to inmates. (JM)
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