Court Cases

The ACLU of New Mexico and Smith & Marjanovic Law have filed a lawsuit against the New Mexico Corrections Department (NMCD) on behalf of Aaron Daugherty and Bryce Franklin, challenging a sweeping and unconstitutional ban on publications in state prisons. The legal challenge, filed in the First Judicial District Court, argues that NMCD’s restrictive policies deprive incarcerated individuals of their fundamental right to read, learn, and access information, in direct violation of the New Mexico Constitution’s protections for free speech and due process. For plaintiffs like Daugherty and Franklin, access to books and magazines is a vital connection to their families and the communities they hope to return to. Since February 2022, NMCD has implemented increasingly draconian policies that ultimately prohibited incarcerated people from receiving publications from family members or ordering them directly, even from reputable publishers. These changes were enacted without providing notice or an opportunity to appeal, stripping away the educational resources and shared reading experiences that allow incarcerated individuals to stay productively engaged and maintain meaningful bonds with their loved ones. Beyond the constitutional violations, the lawsuit highlights that cutting off access to books undermines NMCD’s own rehabilitative mission, as access to educational materials and community ties are proven to significantly reduce recidivism. This litigation seeks a permanent injunction to immediately halt these bans and ensure that the right to think and stay connected to the outside world is protected for all New Mexicans, regardless of their incarceration status.