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SVP'S Have No Right To Counsel During Evaluation
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Civil Commitment
SVP'S Have No Right To Counsel During Evaluation by Washington State prisoner Alfred E. Kistenmacher appealed a jury's determination that he is a sexually violent predator (SVP) under RCW 71.09, and claimed Fifth Amendment violation for not being afforded counsel's presence during the SVP evaluation. Kistenmacher was convicted of two …
Conflict of Law Analysis Required in Multi State FTCA Litigation
Article • May 15, 2007
Filed under: Appointment of Counsel, Civil Procedure, Administrative Exhaustion, Federal Tort Claims Act
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances
Article • May 15, 2007
Filed under: Appointment of Counsel, Sentencing, Parole
Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances by Fed. Parolee's Waiver of Right to Counsel at Revocation Hearing Must be Knowing and Voluntary under the Circumstances Tony Hodges, a federal parolee, was summoned to a federal district court for …
Suit Waiver Not Valid Due to Lack of Counsel
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Suit Waivers
Suit Waiver Not Valid Due to Lack of Counsel by The plaintiff signed a release agreement with respect to civil claims arising out of an arrest which was resolved by a "plea in abeyance," equivalent to an ACD. The court concludes it was not voluntarily executed under Rumery and could …
Mentally Ill WI Prisoner Sues over Control Unit Conditions
Article • May 15, 2007
Filed under: Staffing, Exercise, Clothing, Lighting, Noise, Appointment of Counsel, Class Certification, Telephone Access, Publications/Books, Control Units/SHU/Solitary Confinement
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
No Counsel Appointed in Police Beating Suit
Article • May 15, 2007
Filed under: Appointment of Counsel, Police, Excessive Force (Police)
No Counsel Appointed in Police Beating Suit by The plaintiff brought suit alleging excessive force causing injury by police, and sought appointment of counsel. He makes the requisite showing of merit but "fails to state a reason why appointment of counsel would increase the likelihood of a just determination in …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet
Article • May 15, 2007
Filed under: Sexual Harassment, Staff-Prisoner Harassment, Strip Searches, Arrestee Searches, Body Cavity Searches, Appointment of Counsel, Public Defenders, Attorney, Required Religious Programming, Religious Diet, Denial of Religious Services, Religious Practices
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007
Brief • March 10, 2007
Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Disabled Prisoners, Appointment of Counsel, Americans with Disabilities Act, Failure to Protect (Juveniles), Juvenile Prisons
Galloway v TYC, TX, 3rd Amended Complaint, juveniles disabilities legal aid assault, 2007 EXHIBIT “A” UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS JOSEPH GALLOWAY, individually, § § DANA BROCKWAY, as next friend of her § minor child, A.B., on behalf of all those similarly § situated, § § GLORIA …
Sixth Circuit Reverses Dismissal of ETS/Retaliation Claims
Article • December 15, 2006 • from PLN December, 2006
Filed under: Retaliation for Filing Grievances, Conditions of Confinement, Smoking, Appointment of Counsel
Sixth Circuit Reverses Dismissal of ETS/Retaliation Claims by The Sixth Circuit Court of Appeals reversed a 28 U.S.C. § 1915A(10)(1) dismissal of an environmental tobacco smoke (ETS) claim filed by a Tennessee prisoner, concluding that the plaintiff alleged sufficient facts to state a cognizable Eighth Amendment claim. The appeals court …
Years Long Pattern of Medical Neglect Defeats Summary Judgment
Article • October 15, 2006 • from PLN October, 2006
Filed under: Medical, Medication, Gastrointestinal, Appointment of Counsel, Complaints, Expert Witnesses
Years Long Pattern of Medical Neglect Defeats Summary Judgment by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner's claim showing years of failure to adequately treat a medical problem is sufficient to defeat summary judgment. This civil rights action was filed …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access
Article • July 15, 2006 • from PLN July, 2006
Filed under: Appointment of Counsel, Attorney Client, Injunctions (PLRA), Court Access, Limitations, Declaratory Judgment
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender
Article • July 15, 2006 • from PLN July, 2006
Filed under: Discrimination, Sex Offenders (Discrimination), Liberty Interests, Appointment of Counsel, Parole
Non-Sex-Offender Parolee Entitled to Due Process Before Being Treated As Sex Offender by Matthew Clarke by Matthew T. Clarke The Fifth Circuit court of appeals held that a parolee who has never been convicted of a sex offense is entitled to a due process hearing prior to being required to …
Appointment of Counsel Satisfies Access to Courts Requirement
Article • April 15, 2006 • from PLN April, 2006
Filed under: Attorneys, Appointment of Counsel, Law Library Access/Adequacy
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin
Article • March 15, 2006 • from PLN March, 2006
Filed under: DNA Testing/Samples, Attorneys, Appointment of Counsel, Habeas Corpus
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin by Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testing In a case of first impression, the California Court of Appeal strictly construed Penal Code § 1405 to require that the Superior Court …
PLRA Limits Prisoner's Attorney Fees Incurred Defending
Article • November 15, 2005 • from PLN November, 2005
Filed under: Appointment of Counsel, PLRA, Attorney Fees (PLRA), Damages, Appeals, Limitations
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case;
Article • November 15, 2005 • from PLN November, 2005
Filed under: Pain, Gastrointestinal, Eyeglasses, Appointment of Counsel, Expert Witnesses, Federal Statutory Law, Federal Tort Claims Act
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
Habeas Hints: Overcoming Post-Conviction IAC
Article • October 15, 2005
Filed under: Attorneys, Appointment of Counsel, Attorney Misconduct, Malpractice (Attorneys), Complaints, Limitations, Habeas Corpus
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
U.S. Supreme Court: Michigan Plea Bargainers Have Right to Counsel On Appeal
Article • September 15, 2005 • from PLN September, 2005
Filed under: Attorneys, Appointment of Counsel, Appeals
U.S. Supreme Court: Michigan Plea Bargainers Have Right to Counsel On Appeal by by John E. Dannenberg The U.S. Supreme Court ruled that Michigan defendants convicted pursuant to a plea of nolo contendre or to a plea bargain are constitutionally entitled to appeal their convictions to the Michigan Court of …
U.S. Supreme Court: Michigan Appellate Attorneys Have
Article • August 15, 2005 • from PLN August, 2005
Filed under: Criminal Prosecution, Appointment of Counsel, Public Defenders, Court Access, Standing, Appeals, State Legislation
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit
Article • June 15, 2005 • from PLN June, 2005
Filed under: Retaliation, Retaliation for Media Contact, Appointment of Counsel, Prisoner Property, Access to Media
Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit by by Matthew T. Clarke The Fifth Circuit court of appeals issued an opinion vacating the district court's dismissal of a prisoner's suit alleging prison officials confiscated his property in retaliation for his criticism of the prison. Billy Fredrick Allen, a Texas …
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