Ballenger v. County of Morgan

U.S. District Judge Nanette Laughrey ruled on Sept. 9 that Morgan County has seven days to adopt a policy to notify senders of mail to inmates when their mail has been rejected. The American Civil Liberties Union of Eastern Missouri filed a suit in July.

Update: Sept. 9, 2013

U.S. District Judge Nanette Laughrey ruled on Sept. 9 that Morgan County has seven days to adopt a policy to notify senders of mail to inmates when their mail has been rejected. The American Civil Liberties Union of Eastern Missouri filed a suit in July. ACLU-EM client Tara Ballenger had regularly sent printed materials, such as letters, newspaper and magazine clippings, and books to a detainee, who did not receive items she sent. Ballenger never received notice that the items were confiscated, and none of the items were returned to her.

“It is important that our jails and prisons have uniform policies that let people know if their mail is not getting through,” says Jeffrey A. Mittman, executive director of the ACLU-EM. “We hope that Morgan County will serve as an example for other counties across the state that may currently not have policies in place.”

“Our First Amendment’s protection from government censorship is strongest when we recognize this right for all citizens, including those who write to individuals in our jails,” explains Tony Rothert, legal director of the ACLU-EM.

On July 16, the American Civil Liberties Union of Eastern Missouri filed a suit on behalf of Tara Ballenger and others who correspond with detainees held at the Morgan County Adult Detention Center. Ballenger had regularly sent printed materials, such as letters, newspaper and magazine clippings, and books to a detainee, who did not receive items she sent on various dates in June. Ballenger never received notice that the items were confiscated, and none of the items were returned to her.

Ballenger is not the only one left assuming the mail she sends is delivered. That’s because the center does not have a policy or practice of letting senders know when their mail is rejected.

“In the United States, we assume that correspondence we send will reach its intended recipient,” says Tony Rothert, legal director of the ACLU-EM. “When government officials prevent that from happening, the senders deserve to know why and how they can contest the decision.”

“The Supreme Court has held that the First Amendment entitles prisoners to receive and send mail, subject to censorship only when there are procedural safeguards,” said Jeffrey Mittman, executive director of the ACLU-EM. “Morgan County’s complete lack of due process fails to protect senders of mail that is wrongfully censored.”