User:Mattisse/playbox2

Playbox        Playbox 3    ---  Templates

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The yingbi, or screen wall, dates back  to the Western Zhou Dynasty (11 century B. C. to 771 B.C.).

Facts of case
The Pennsylvania Department of Corrections maintains a Long Term Segregation Unit (LTSU) to segregate a small number of its most violent and unmanageable inmates. Level 2, the most restricted level in LTSU, does not allow inmates access to normally available written nonreligious material or photographs. Inmates begin at Level 2, which has the most severe restrictions, but may graduate to the less restrictive level 1 where such material is allowed, based on maintenance of good behavior and deprivation for rehabilitation. Banks, a Level II inmate, filed suit in Federal Court, alleging that this policy violated his First Amendment rights, including freedom of speech.

Course
During discovery, prison officials introduced policy and standards manuals and other documents  into the record, outlining the procedures used in the LTSU. Along with the documents, Secretary, Beard filed a motion for a summary judgment in the Federal District Court based on the undisputed facts including those in the deposition, while Banks filed a separate motion for a summary judgment.

The District Court granted the Beard's motion, based on these fact, and denied  the motion of Banks. However, the Third Circuit Court of Appeals reversed Beard’s summary judgment, holding that the prison rules and regulations could not be supported by law.

Issues
The points at issue in this case are whether the LTSU prison policy violates the First Amendment rights of Level 2 inmates. It is also questions of whether judges should allow prison officials to determine policies that are less related to security than to beliefs about behavioral management techniques and  that rely on deprivation to deter misbehavior and the increased privileges in Level 1 to inspire improved behavior.