Dallas County faces a federal lawsuit over restrictions on mailed physical books and periodicals at its jail. A prisoner-rights publisher alleges the policy violates its free speech and due process rights.
The Human Rights Defense Center filed the complaint on September 4 in the U.S. District Court for the Northern District of Texas. The defendants are Dallas County, Sheriff Marian Brown and Chief Deputy Shane Sowell.
The case invokes federal civil rights law and alleges violations of the First and 14th Amendments and the Texas Constitution. U.S. District Judge Brantley Starr is presiding. The court has not ruled on the claims.
Lawsuit targets mailed publications
HRDC publishes Prison Legal News and Criminal Legal News. The publications cover legal rights, court decisions and conditions in correctional facilities.
Dallas County’s public mail policy says people in the jail must purchase books electronically for their tablets. “No physical books will be accepted,” the policy states.
HRDC alleges its publications are not available on the tablets and that the rule effectively prevents the organization from delivering them. HRDC also claims county officials failed to provide adequate notice and an appeal process when its materials were rejected.
The organization seeks an injunction against the alleged censorship and asks the court to require procedures for challenging rejected publications.
Sheriff cites security and digital access
Brown said in an August 27 video that people in the jail can read on their tablets and obtain physical books through jail libraries. She said officials removed physical books from housing areas in 2021 because of security concerns.
The county policy and Brown’s statement describe two different routes to reading material. The public policy bars physical books sent through the mail, while Brown says physical library books remain available. HRDC’s lawsuit concerns the organization’s ability to send printed material to specific recipients.
The jail introduced tablets in December 2021, as previously reported by The Dallas Express. Officials said the devices provide educational, reentry, media and limited communication services through a secure network.
Prior decree preserved publisher access
The dispute follows a 2007 lawsuit by Prison Legal News over a Dallas County policy that barred newspapers and magazines. The parties resolved the case through a consent decree.
The decree recognized the magazine and similar materials as permitted mail and designated Prison Legal News as an approved book distributor. It also preserved the county’s authority to inspect and reject mail for security, safety, discipline or criminal activity.
For content-based rejections, however, the decree requires notice, an explanation and a way to appeal. The court retained jurisdiction to enforce the agreement.
Before filing the new case, HRDC moved to reopen the 2007 lawsuit and asked the court to hold Dallas County in contempt or allow discovery, as reported. HRDC filed the new constitutional lawsuit separately.
A broader 1972 jail-conditions ruling also barred Dallas County officials from destroying specified reading materials if they were kept in good condition and did not create a fire or health hazard. The ruling allowed the sheriff to set standards for books and magazines but directed officials to apply those standards carefully.
The new lawsuit asks the court to decide whether the current mail restrictions and rejection procedures violate HRDC’s rights. The court has not ruled on HRDC’s claims.
Provided by Dallas Express
