Category Archives 1983 cases

We like to write and talk about Missouri class action law.  Prisons, not so much.  But if there’s a class action decision involving the First Amendment, an inmate-authored publishing company named Caged Potential, and using 23(b)(3) to certify an injunctive-relief-only class, we’re all over it. In Lane v. Lombardi, 2012 WL 5462932 (W.D. Mo. Nov. 8, 2012), a publishing company, Caged Potential, published a novel, So Far From Paradise.  The book was an overnight hit at the Crossroads Correctional Facility, with nine inmates placing orders during the 2011 holiday season.  Caged Potential attempted to send the books to the inmates, but Crossroads had seized the books – pursuant to its censorship policy – and never told Caged Potential that the books were seized.  Trouble in paradise, indeed. Thereafter, Caged Potential sued the Missouri Department of Corrections, claiming that the censorship policy deprives senders of due process under the Fourteenth Amendment…

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