IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
____________________________________)
THE PRISON & JAIL PROJECT and )
JOHN COLE VODICKA, ))
Plaintiffs, ) CIVIL ACTION
)
v. ) NO. _____________________
)
WARDEN DANNY WATERS of )
Calhoun State Prison; DEDRA )
EDWARDS; LOUANN DUKE, and )
JIM WETHERINGTON, Commissioner )
of Georgia Department of Corrections; ))
Defendants. )
____________________________________)
COMPLAINT
PRELIMINARY STATEMENT
THE PRISON & JAIL PROJECT, originally founded in 1993 by JOHN COLE
VODICKA, is dedicated to raising public awareness of prison conditions and issues of
criminal justice in Southwest Georgia. The PRISON & JAIL PROJECT publishes a
bimonthly newsletter called "Freedomways," which shares information about jail
conditions, publicizes community events, and discusses developments in matters
involving civil rights and prisoners' rights. The newsletter has a circulation of 1,300,
which includes over 100 individuals incarcerated in Georgia prisons and jails. Each
issue of "Freedomways" contains newsworthy articles, as well as cartoons with artistic,
political, and social value.
On or about December 26, 2000, Defendants refused to allow willing inmates at
Calhoun State Prison to receive and read Issue 49 of "Freedomways" because of a
cartoon contained in that newsletter. The cartoon depicts seven menblack and white
1
SNIPPETS:
Commissioner) of Georgia Department of Corrections;))
THE PRISON & JAIL PROJECT, originally founded in 1993 by JOHN COLE
criminal justice in Southwest Georgia.
involving civil rights and prisoners' rights.
The newsletter has a circulation of 1,300,
issue of "Freedomways" contains newsworthy articles, as well as cartoons with artistic,
On or about December 26, 2000, Defendants refused to allow willing inmates at
The cartoon depicts seven menblack and white
The Confederate Battle Flag is
Confederacy symbolizes racial superiority, violence, and injustice.
violates Plaintiffs' constitutional right to free speech.
Through the publication of "Freedomways," the
functions and overseeing day-to-day operations of Calhoun State Prison,
customs, and practices, plays a role in determining whether to deny non-inmates the
ability to communicate with willing inmates.
DOC employees as to when to deny inmates access to reading materials and prevent
the Constitution of the State of Georgia; and 28 U.S.C. §§ 2201 and 2202.
The newsletter contains articles on prison conditions, the history of
He, too, enjoys First Amendment protection from unwarranted
the state authorizes prison officials to censor "material
Confederate Battle Flag is emblazoned across the men.
white female high school student following her tour of various Southern cities and civil
a package "stating the reasons" for the rejection, on information and belief, Calhoun
Pursuant to Defendants' practice or custom,
First Amendment Right to Free Speech
the Equal Protection Clause of the Fourteenth
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