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Article • March 15, 2005 • from PLN March, 2005
Mailbox Rule Applies to Texas Prisoners Civil Filings by The Texas Supreme Court has held that the mailbox rule applies to civil litigation filed by Texas prisoners in Texas state courts, overruling at least two previous court of appeals decisions. Charles Clay Warner, Jr., a Texas state prisoner, brought suit …
Article • March 15, 2005 • from PLN March, 2005
Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment by John E. Dannenberg The California Court of Appeals held that a drunk driver convicted of vehicular manslaughter was not constitutionally immune from the second …
Article • March 15, 2005 • from PLN March, 2005
Arizona Appellate Court Vacates Restitution Order In Escape Case by The Arizona Court of Appeals (COA), Division II, has vacated a trial court's restitution order requiring a state prisoner to reimburse the Arizona Department of Corrections (ADOC) for costs allegedly incurred as the result of a prison escape. On September …
Article • March 15, 2005 • from PLN March, 2005
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
Lucasville: The Untold Story of a Prison Uprising by Karen Thimmes By Staughton Lynd; Temple University Press, 2004; soft cover, 244 pages. $16.95 Reviewed by Karen G. Thimmes Death Row in Ohio is located at Mansfield Correctional Institution, a stone's throw from the fabled Mansfield Penitentiary, where much of the …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Civil Procedure, Costs
Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme by Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme The Missouri court of appeals has held that because a Missouri Supreme Court Rule 29.15 motion is not a civil action encompassed by the state's Prison Litigation Reform Act (PLRA), Mo. …
Article • March 15, 2005 • from PLN March, 2005
Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants by The Supreme Judicial Court of Massachusetts held that if an attorney is unavailable to represent an indigent criminal defendant, the defendant must be released within 7 days and the case against that defendant dismissed within 45 days. This consolidated case …
Article • March 15, 2005 • from PLN March, 2005
Filed under: News, News in Brief
News in Brief: by Alaska: On February 5, 2005, Alaska attorney general Gregg Renkes (R)resigned after it came to light that while promoting a trade deal with a Taiwanese energy company he held some $100,000 worth of stock in the company and had served as its lobbyist and adviser before …
Article • March 15, 2005 • from PLN March, 2005
Washington Absconding Does Not Toll LFO Collection Statue by The Washington State Court of Appeals for Division 1 has held that RCW 9.94A.753 affords the state 10 years from a prisoner’s release from total confinement in which to collect Legal Financial Obligations (LFOs) from prisoners. The court also held that …
Article • February 15, 2005 • from PLN February, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: In an uprising at the Lewis prison complex in Florence, on May 7, 2004, 100 prisoners refused to leave the prison yard for two hours and 50 refused to leave the dining hall after a fight between two prisoners in the yard. …
Article • February 15, 2005 • from PLN February, 2005
California Prosecutor Fights Deportation Of Paroled Sex Offenders by California Prosecutor Fights Deportation Of Paroled Sex Offenders Today, nobody wants to keep paroled sex offenders around. Except the Los Angeles County district attorney, that is. In an odd "man bites dog" scenario, the district attorney is trying to retain four …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes by California Prisoner Trust Accounts Allegedly Used To Launder Gang Drug Taxes A phantom "Banco de Pelican Bay" has sprung up at California's supermax Pelican Bay State Prison (PBSP), wherein 14 Mexican Mafia (nicknamed "Eme") prisoners had their prison …
Article • February 15, 2005 • from PLN February, 2005
CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman by Robert H. Woodman On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months …
Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams Absolute Immunity For Acting On Court Order Denied In Failure To Protect Claim by Bob Williams The Third Circuit Court of Appeals has upheld the denial of absolute immunity against prison guards who claimed …
Article • February 15, 2005 • from PLN February, 2005
New York Prisoner Awarded $105,000 for Shoulder Injury by New York Prisoner Awarded $105,000 For Shoulder Injury On December 15, 2003, a court of claims in Syracuse, New York, awarded $105,000 plus interest to a state prisoner who suffered a torn rotator cuff as the result of a construction accident. …
Article • February 15, 2005 • from PLN February, 2005
California Sexual Predator Unconditionally Released by California's first "graduate" of the state's sexually violent predator (SVP) program, who was released in August, 2003 to highly supervised conditions while living in a trailer on the grounds of Soledad State Prison, was granted unconditional release by a state judge in San Jose, …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Organizing, Voting
New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E Dannenberg New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E. Dannenberg The Second Circuit U.S. Court of Appeals held that New York Election Law § 5-106, which disenfranchises [i.e., …
Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Connecticut Prison Writers Settle Lawsuit, Writing Program Reinstated by Michael Rigby Eight Connecticut prisoners who were sued by the state after the publication of their book, Couldn't Keep It To Myself: Testimonies from our Imprisoned Sisters , will get …
Article • February 15, 2005 • from PLN February, 2005
Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E Dannenberg Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E. Dannenberg On June 3, 2002, the Los Angeles (L.A.) County, California Claims Board agreed to …
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