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LSC Ban on Funding Prison Litigation Enjoined by In the July, 1996, issue of PLN we reported passage of the 1996 federal budget. In addition to severe budget cuts for the Legal Services Corporation (LSC), a private non profit corporation that distributes government funds to independent legal programs around the …
Article • June 15, 1997 • from PLN June, 1997
California Prisoners Entitled to Contact Attorney Visits by The California state court of appeals affirmed a superior court granting a writ of habeas corpus to a prisoner who was denied contact visits with his attorney. Alan Roark is a California state prisoner represented by Charles Lindner in his direct criminal …
Texas Lawyers Unhappy About Conscription by In 1995 Congress cut funding for some twenty-odd regional death penalty resource centers, pro bono legal aid clinics which specialized in death penalty appeals. The Texas legislature halved the $4 million in state funds budgeted to pay for counsel in state capital appeals cases …
Article • August 15, 1996 • from PLN August, 1996
Attorney Fees Awarded in Jail Suit for Attorney-Client Space by Criminal defense attorneys filed suit against the Washington County Jail in Oregon claiming that the space available for client consultation violated their clients right to counsel by inhibiting full and free consultation between clients and counsel; violated the attorneys' right …
Article • March 15, 1996 • from PLN March, 1996
Attorney Fees for Consent Decree Enforcement by The ninth circuit court of appeals partially reversed a district court ruling that use of 37mm gas guns was not appropriate for use on mentally ill prisoners and it affirmed an award of some $200,000 in attorney fees in monitoring a consent decree …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Article • July 15, 1995 • from PLN July, 1995
No Interlocutory Appeal of Discovery Order by In a sharply worded opinion the eighth circuit court of appeals has described the limited circumstances in which it will entertain an interlocutory appeal from a district courts discovery orders. The case involves Sherman White, an Iowa state prisoner, who filed suit under …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
Article • January 15, 1995 • from PLN January, 1995
Limits on Contact Visits With Counsel Reversed by Lee Barnett is a California state prisoner on death row. He filed suit under 42 U.S.C. § 1983 claiming that prison officials had retaliated against him for filing civil rights suits against them; that he was denied contact visits with his attorney …
UT DOC Violates Court Access Rights by Utah state prisoners filed a class action suit against Utah Department of Corrections (UDC) officials claiming a failure to provide them with constitutionally adequate access to the courts. The district court agreed with the prisoners and issued an injunction ordering the UDC to …
Article • August 15, 1994 • from PLN August, 1994
Peru's Lawyers: A High Risk Profession by Jose Enrique Gonzalez Ruiz "In the eyes and ears of the sinister power, all of us are under suspicion." Oiga Magazine Feb 21, 1994, p.5 To defend political prisoners in Peru is a delicate matter. The war that has been going on in …
MDOC Sanctioned for Ex Parte Contacts with Prisoners in Court Cases by Over eight years ago, lawyers from the Michigan Attorney General's office sent interrogatories directly to prisoners about the Knop v. Johnson case without notifying the plaintiffs' lawyers. Judge Enslen entered a protective order on February 19, 1986, and …
AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Article • April 15, 1994 • from PLN April, 1994
5th Cir. Guts Legal Mail Standard by Van Lee Brewer and Claude Harris are Texas state prisoners. They filed suit under § 1983 claiming that prison officials had opened and read their incoming legal mail from the courts, attorneys and government officials outside their presence. They also claimed their outgoing …
Ninth Circuit Upholds Ban on Attorney Contact Visits by This is a class action suit filed by Arizona state prisoners. They sued on two issues. First, they contend that the Arizona DOC's policy and practice of banning all contact visits between prisoners and their attorneys at various prisons violates their …
Death Row Prisoners Entitled to Limited Contact Attorney Visits by This case involves a class action suit filed by Oklahoma death row prisoners and prisoners in the control unit of the Oklahoma State Penitentiary. The case provides a revealing look at the mentality driving the construction of control units. The …
Article • October 15, 1993 • from PLN October, 1993
Censoring Legal Mail States Claim by Henry Lavado was a federal prisoner whose legal mail from attorneys, the ACLU and various state and federal law enforcement agencies was opened and read outside of his presence. Some of his legal mail was opened and read in his presence. Lavado filed suit …
Court Dissolves 1-800 Injunction by Iowa state prisoners filed suit seeking preliminary and injunctive relief against an Iowa prison policy prohibiting them from calling their attorneys toll free 1-800 numbers. They claimed this practice violated their right of access to the courts. The district court agreed and granted a preliminary …
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