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Article • March 1, 2022 • from PLN March, 2022
California Court of Appeal Holds Prisoner May Challenge Administrative Disciplinary Violation Already Served by Matthew Clarke by Matt Clarke A recent ruling by a California courtunderlines the importance for a prisoner to zealously guard his prison record, even after a challenge seems moot, for the impact it may yet hold …
Article • November 1, 2021 • from PLN November, 2021
Prison Officials Actions to Correct Inhumane Cell Conditions Merit Judgement in Their Favor by The Seventh Circuit Court of Appeals affirmed an Illinois district court’s summary judgment dismissal of a prisoner’s claim that he was subjected to inhumane conditions and denial of medical care. The Court’s ruling found that the …
Article • September 1, 2021 • from PLN September, 2021
Massachusetts Supreme Judicial Court Rules on Medical Parole Despite Death of Prisoners Who Sought Judicial Review by Matthew Clarke by Matt Clarke On May 19, 2021, the Supreme Judicial Court of Massachusetts ruled on three questions relating to medical parole despite the two prisoners who filed for judicial review having …
Article • September 1, 2021 • from PLN September, 2021
California Appeals Court Holds Habeas Action Over Censorship of Tattoo Magazine Mooted By Delivery by Matthew Clarke by Matt Clarke On June 8, 2021, a California court of appeals held that a prisoner’s habeas corpus challenging San Quentin State Prison’s withholding of eight issues of Artists Magazine was mooted when …
Tenth Circuit Holds BOP’s Change in Policy and Delivery of Censored Issues at ADX Super Max Prison Moots PLN’s Lawsuit by Matthew Clarke by Matt Clarke On December 13, 2019, the Tenth Circuit Court of Appeals upheld a district court’s dismissal of a federal lawsuit brought by PLN against the …
Article • September 3, 2018 • from PLN September, 2018
Pennsylvania: Class-action Suit Against USP Lewisburg Reinstated by Derek Gilna by Derek Gilna Sebastian Richardson, a former prisoner held in the Special Management Unit (SMU) at the federal prison in Lewisburg, Pennsylvania, has won an important legal victory against the Bureau of Prisons (BOP). In a July 15, 2016 ruling, …
Article • June 30, 2017 • from PLN July, 2017
Third Circuit Reverses Denial of Class Certification by Christopher Zoukis by Christopher Zoukis The Court of Appeals for the Third Circuit has resurrected a challenge to the constitutionality of 8 U.S.C. § 1226(c), the section of the Immigration and Nationality Act that requires mandatory detention of undocumented immigrants who have …
Article • May 5, 2017 • from PLN May, 2017
Petition Challenging Disciplinary Hearing Not Mooted After Prison Rescinds Sanction by Lonnie Burton by Lonnie Burton On April 22, 2016, the Kansas Court of Appeals reversed a ruling by the Leavenworth County District Court dismissing a habeas petition filed by a prisoner challenging the findings and sanctions imposed at a …
Article • March 14, 2017
Cosby Appeal of Unsealing of Documents Dismissed as Moot After the Associated Press Intervenes by On August 15, 2016, the United States Court of Appeals for the Third Circuit dismissed an appeal filed by comedian Bill Cosby challenging a district court order that unsealed thousands of discovery documents. The Third …
Article • October 23, 2015
Former Federal Prisoner’s Appeal Challenging Potential Self-Incrimination Dismissed as Moot by Former Federal Prisoner’s Appeal Challenging Potential Self-Incrimination Dismissed as Moot The U.S. Court of Appeals for the Eighth Circuit has dismissed a former prisoner’s appeal challenging, on Fifth Amendment grounds, the lower court’s revocation of his supervised release, the …
Article • August 28, 2015 • from PLN September, 2015
Washington Prisoner Granted Injunction Ordering Outside Orthopedic Evaluation by Mark Wilson Washington Prisoner Granted Injunction Ordering Outside Orthopedic Evaluation by Mark Wilson A Washington federal district court issued a preliminary injunction ordering prison officials to have an orthopedic specialist evaluate a prisoner’s shoulder injury. Washington prisoner Shawn Francis began complaining …
Article • July 7, 2015 • from PLN July, 2015
Error for Florida Court to Find Action Moot Before Ruling on Motion to Supplement by David Reutter Error for Florida Court to Find Action Moot Before Ruling on Motion to Supplement by David Reutter lForida’s First District Court of Appeals held on January 2, 2015 that it was error for …
Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David Reutter Virginia Prison’s Policy Requiring Physical Indicia of Faith for Religious Sincerity Held Unconstitutional; Suit Settles for $3,795 by David M. Reutter The Fourth Circuit Court of Appeals has vacated a …
Article • May 20, 2014 • from PLN May, 2014
Cancellation of BOP Elderly Offender Pilot Program Moots Appeal by Michael Brodheim Cancellation of BOP Elderly Offender Pilot Program Moots Appeal   by Michael Brodheim   On July 11, 2013, in an amended ruling, the Ninth Circuit dismissed as moot the appeal of a federal prisoner who had been denied …
Barrett v. Williams, OR, MSJ Opinion and Order, Mail Denied due to Pictures on Envelope, 2013 Case 6:11-cv-06358-HZ Document 103 Filed 11/14/13 Page 1 of 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JACOB BARRETT, Plaintiff, Case No. 6:11-cv-06358 OPINION & ORDER v. MAX WILLIAMS, et …
Article • July 15, 2012
Oregon RLUIPA Claim Mooted By Release; Damages Not Available Under RLUIPA by The Ninth Circuit Court of Appeals affirmed the sovereign immunity and mootness dismissal of an Oregon prisoner's religious freedom suit. In 2004, Oregon Department of Corrections (ODOC) prisoner Blackie Alvarez, sued several ODOC officials in their official capacity. …
Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
Article • April 15, 2012 • from PLN April, 2012
Challenge to BOP’s Ban on Sexually Explicit Publications Dismissed by Brandon Sample The U.S. Court of Appeals for the Tenth Circuit dismissed an appeal challenging the Bureau of Prisons’ (BOP) implementation of the Ensign Amendment, a law that prohibits the expenditure of federal funds “to distribute or make available to …
Article • September 15, 2011
South Carolina MSU Publication Ban Challenge is Moot by The Fourth Circuit Court of Appeals has dismissed a South Carolina prisoner’s challenge to a prison publication ban, concluding that the action was moot because the ban no longer applied to him. In 1995, South Carolina Department of Corrections (SCDC) prisoner …
Article • September 15, 2011
Ninth Circuit Faults Mootness Dismissal, Denial of Counsel by The ninth Circuit Court of Appeals vacated the mootness dismissal of an Idaho prisoner’s conditions of confinement suit. The court also found that it was an abuse of discretion to dismiss without ruling on the prisoner’s request for appointment of counsel. …
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