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2011 Jail Mail Lawsuit on Hold; ACLU Trial Set For Next Year2011 Jail Mail Lawsuit on Hold; ACLU Trial Set For Next Year

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6/23/14 - One trial is on hold and another set for next year involving the delivery of mail to inmates in the Livingston County Jail. The American Civil Liberties Union filed a civil complaint in U.S. District Court in March challenging the constitutionality of the Livingston County Jail’s policy of restricting most incoming and outgoing mail to postcards. The lawsuit named Livingston County, Sheriff Bob Bezotte and Jail Administrator Tom Cremonte. Court records indicate it is now set for a jury trial in August of 2015, with various dates between then and now for pre-trial proceedings. 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 “legal mail” and ordered the Livingston County Jail to deliver it. 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 had been set for trial July 8th. But that’s been delayed while a deposition by Bezotte is reviewed by the plaintiffs. That lawsuit also claims free-speech rights were being violated because authorities wouldn't distribute the publication and other correspondence to inmates. (JK)

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