home > newsroom ACLU of Utah Files Suit Challenging Cache County Jail’s Policy of Confiscating Inmate Books FOR IMMEDIATE RELEASE February 15, 2005 PDF version >> SALT LAKE CITY--The American Civil Liberties Union of Utah and ACLU of Utah cooperating attorney Brian Barnard filed a federal lawsuit today on behalf of Cache County Jail inmate John Morris Kinter challenging a jail policy that prevents inmates from receiving and owning books. Kinter, who is a pre-trial detainee not yet convicted of a crime, learned of the policy after he ordered and paid for a legal dictionary that was mailed to him at the jail. When the book arrived last month, jail officials informed him that the dictionary now belonged to the Cache County Jail and would remain at the facility after his release or transfer. Although Kinter would like to read more law-related books, he is understandably reluctant to purchase these materials or to ask family members or friends to purchase books that will become jail property. ACLU of Utah staff attorney Margaret Plane noted the importance of Kinter’s challenge. “First Amendment rights are some of the few rights inmates retain while incarcerated, and Cache County Jail’s policy directly conflicts with this principle,” Plane said. Cache County Jail policy states that, “All books sent to the CCJ for individual inmates will become the property of the CCJ when the use of the books is completed or when the inmate is released from the custody of the CCJ or moved to another facility.” Plane stated that in addition to being unconstitutional, the confiscation of books is bad public policy. “Having access to reading materials gives inmates a productive way to occupy their time and better prepares them for their eventual release,” she said. Today’s lawsuit asks that the policy be declared unconstitutional because it violates inmates’ First Amendment rights and because the confiscation of books is an unconstitutional taking without due process. --end--

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