Ban on typewriters in prisons upheld
August 29, 2008 - 9:00 pm
CARSON CITY -- A federal judge has upheld the ban on typewriters by Nevada prison inmates, the state attorney general's office announced Thursday.
District Judge Larry Hicks issued an order Wednesday that the ban does not violate inmates' constitutional rights.
Corrections chief Howard Skolnik imposed the ban at the maximum-security Ely State Prison in March 2007 after two incidents in which typewriter parts were made into weapons.
One incident in December 2006 resulted in the death of an inmate. An inmate tried to stab a corrections officer in another incident.
The ban later was extended to all prisons.
Four inmates filed a lawsuit challenging the ban. They said they needed the typewriters to prepare legal documents and that their confiscation violated their property and First Amendment constitutional rights.
In his ruling, Hicks said there was inadequate evidence to show the typewriter ban prevented inmates from creating legal documents. He also said inmates forfeit their right to personal property when they are imprisoned.
"The ban on typewriters occurred because prison officials determined that possession of typewriters aid the ability of inmates to breach safety and security," Hicks said. "It cannot be disputed that the state has a legitimate interest in maintaining security and order in its prisons."
Deputy Attorney General Alicia Lerud hailed the decision.
"Director Howard Skolnik was trying to make our prisons as safe as possible for both inmates and correctional officers," said Lerud, who argued the case for the state. "Judge Hicks ruled properly when he concluded safety and security are of primary importance to the Nevada Department of Corrections."
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.