Incarcerated Men Sue New Mexico Corrections Department Over Unconstitutional Ban on Books and Publications

SANTA FE, NM – Today, Aaron Daugherty and Bryce Franklin sued the New Mexico Corrections Department (NMCD), challenging a sweeping and unconstitutional ban on the purchase of books, magazines, and newspapers for people incarcerated in New Mexico state prisons. The lawsuit, filed in the First Judicial District Court by the American Civil Liberties Union (ACLU) of New Mexico and Smith & Marjanovic Law on their behalf, argues that the NMCD’s restrictive policies violate the New Mexico Constitution and deprive incarcerated individuals of their fundamental right to read and access information.

Daugherty and Franklin are avid readers who rely on publications to maintain their mental well-being and connections to society. For example, Daugherty previously maintained several subscriptions to science magazines, which allowed him to stay productively engaged and connected to his personal interests and family. Similarly, Franklin used reading to connect with his nephew, purchasing the same books so they could read together.

"Reading is how I stay productively engaged and keep my mind sharp,” said Franklin, “but when NMCD changed the rules, I couldn’t even order the books I need for the classes I’m taking. It always meant a lot to me to read the local paper from my hometown of Grants, but when newspaper subscriptions were banned, it becamemuch harder to stay connected to my community back home, where I hope to one day return.”

Beginning in February 2022, NMCD began a series of policy changes that, among other things, drastically restricted access to publications. These changes culminated in a total prohibition on incarcerated individuals receiving books and publications from family members or ordering them directly, even from reputable publishers. The NMCD made these drastic changes without providing incarcerated people or their families with any notice or opportunity to appeal the rejection.

“My parents were educators who taught me that reading is a necessity, not a luxury,” Daugherty. “For me, sharing a book or a magazine with my family was one of the few ways we could still feel connected. We would read the same things so we had something meaningful to talk about. By taking away my access to magazines and books, the state has taken away a vital piece of my relationship with my loved ones.”

Numerous studies have shown that maintaining access to educational materials and positive connections to the outside world significantly reduces recidivism and fosters successful reentry into the community.

“Family connections in prison are a two-way street,” said Meg Sparrow, associate attorney at Smith & Marjanovic Law. “NMCD’s draconian new policies harm not only incarcerated people like Aaron and Bryce, but their loved ones on the outside as well.”

“Access to books is a bridge to the outside world and a critical tool for rehabilitation,” said Lalita Moskowitz, senior prisoners' rights attorney at the ACLU of New Mexico.“By cutting people off from reading materials, NMCD is not just ignoring its own mission; it is systematically and illegally stripping away the constitutional rights of incarcerated people to think, learn, and stay connected to their communities. We are asking the court to ensure that no New Mexican is deprived of their fundamental right to read simply because they are incarcerated.”

The lawsuit asserts that the NMCD is infringing on the plaintiffs’ rights of free speech and due process. The ACLU of New Mexico requests a permanent injunction to immediately halt the bans along with compensatory damages.

A copy of the complaint can be found below.