Legal Opinion

Montgomery v. Coughlin

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1993PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Mahoney, J.

In these proceedings, petitioners Charles Montgomery and Kenneth G. Pavel, both inmates at Elmira Correctional Fácil*266ity in Chemung County, posit 1st Amendment challenges to a directive of the Department of Correctional Services which, consistent with 7 NYCRR 712.5, prohibits inmates from receiving newspapers from nonpublisher sources (i.e., persons or entities other than the publisher or an approved distributor). Apparently, through application of this rule, they were deprived of access to various newspaper clippings sent to them by family and friends. Applying…

2Cases cited6 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Turner v. SafleySupreme Court of the United States · 1987
  3. Thornburgh v. AbbottSupreme Court of the United States · 1989
  4. Jones v. North Carolina Prisoners' Labor Union, Inc.Supreme Court of the United States · 1977
  5. Lucas v. ScullyNew York Court of Appeals · 1988

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Allen v. CoughlinCourt of Appeals for the Second Circuit · 1995
  2. Sultan v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  3. Walton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2008
  4. Daker v. FerreroDistrict Court, N.D. Georgia · 2007
  5. Bailey v. GoordNew York Supreme Court · 1997

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API