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U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard.
Article • May 15, 2007
Filed under: Political Prisoners, Counsel, Evidence, Appointment of Counsel, International, Terrorism
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights
Article • May 15, 2007
Filed under: Appointment of Counsel, Appeals, Sentencing, Habeas Corpus, Sex Offender Treatment, Civil Commitment
Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights by Civilly Committed Sexually Violent Predator Not Entitled to Anders Appellate Counsel Rights The California Court of Appeal held that a sexually violent predator (SVP) who appealed his biennial civil recommitment to Atascadero State Hospital (ASH) was not …
State Appointment and Compensation of Attorneys in Federal Action Upheld
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Attorney Client, Public Defenders
State Appointment and Compensation of Attorneys in Federal Action Upheld by The United States Court of Appeals for the Seventh Circuit held that legal counsel appointed in Illinois state court were legally appointed in state court and compensated by state court order in a federal civil rights action. Joan Schmude, …
Lack of Indigent Defense in Oregon Suit Dismissed As Moot
Article • May 15, 2007
Filed under: Appointment of Counsel, Civil Procedure, Mootness
Lack of Indigent Defense in Oregon Suit Dismissed As Moot by Oregon had a budget crisis, so inter alia it suspended criminal proceedings against indigents and did not provide counsel for them. The district court abstained under Younger, and the court now dismisses as moot because the courts are back …
No Counsel Appointed in PLRA Filing Fee Suit
Article • May 15, 2007
Filed under: Appointment of Counsel, PLRA, Filing Fees (PLRA)
No Counsel Appointed in PLRA Filing Fee Suit by The plaintiff alleged that the defendants improperly applied the PLRA filing fee procedure to freeze his account entirely when he had five filing fees to pay, i.e., taking 100% of his funds rather than the one filing fee and one cost …
Counsel Appointed in Conditions Suit
Article • May 15, 2007
Filed under: Medical, Systemic Medical Neglect, Totality of Conditions, Food, Clothing, Plumbing, Sewage, Sanitation, Appointment of Counsel, Class Certification
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Summary Judgment Inappropriate in Arizona Religion Case
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Summary Judgment, Religious Diet, Denial of Religious Services
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983
Article • May 15, 2007
Filed under: Medical, Medication, Pain, Muscular, Appointment of Counsel
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, False Arrest, Excessive Force (Police)
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants by The U.S. Second Circuit Court of Appeals, vacating and remanding a New York district court decision, held that the district court judge abused her discretion in refusing to appoint counsel for an indigent civil litigant. Allen Hodge was arrested …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict
Article • May 15, 2007
Filed under: Attorney Fee Awards, Appointment of Counsel, Costs, Guards/Staff, Employee Litigation
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
Probationer Waives Right to Counsel
Article • May 15, 2007
Filed under: Disciplinary Hearings, Counsel, Appointment of Counsel, Probation
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Prisoner Legal Assistance, Paralegals
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Local Rules Govern Appointment of Counsel in FOIA Case
Article • May 15, 2007
Filed under: Appointment of Counsel, Federal Statutory Law, Freedom of Information Act
Local Rules Govern Appointment of Counsel in FOIA Case by The court of appeals for the District of Columbia circuit held that a local rule, not 28 U.S.C. § 1915(e)(1) governed the appointment of counsel in a Freedom of Information Act suit brought by a federal prisoner seeking records from …
Court Has Duty to Appoint Counsel in Appropriate Civil Cases
Article • May 15, 2007
Filed under: Appointment of Counsel, Court Access, Social Security
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim
Article • May 15, 2007
Filed under: Appointment of Counsel, Law Library Access/Adequacy, Summary Judgment, Death Penalty/Death Row, Death Penalty
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings by The U.S. Supreme Court held that a Pennsylvania prisoner had no constitutional right to court appointed counsel in postconviction proceedings nor was counsel required to comport with Anders procedures when withdrawing. A Pennsylvania trial court convicted Dorothy Finley of …
Summary Judgment to Jail Officials Reversed
Article • May 15, 2007
Filed under: HIV/AIDS, Medication, Appointment of Counsel, Civil Procedure, Complaints
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional
Article • May 15, 2007
Filed under: Appointment of Counsel, Excessive Force, Restraints
Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional by Sixth Amendment Right to Counsel Requires Initiation of Formal Criminal Proceedings; Strapping Violent Arrestee to Bed Constitutional The Eleventh Circuit Court of Appeals held the Sixth Amendment did not apply to an …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for
Article • May 15, 2007
Filed under: Drug Testing, Appointment of Counsel, PLRA, Administrative Exhaustion (PLRA), Ad-Seg Hearings
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing
Article • May 15, 2007
Filed under: Criminal Prosecution, Attorneys, Appointment of Counsel
Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing by Texas Prisoner's Rights Not Violated by Not Allowing Him to Represent Himself at Trial for Tattooing Fellow Prisoner On March 3, 2002, Timothy Worstell, a Texas State prisoner, forcibly tattooed the words child …
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