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Article • August 15, 2008
Ban on EFUs and Artificial Insemination for CA Lifers Upheld by California denies conjugal visits to persons sentenced to life without parole or to life without a parole date established by the parole board. The plaintiff is serving so much time that no parole date appears likely. The court declines …
Article • August 15, 2008
Right to Consult, Hire Counsel Well Established and Constitutionally Protected by At 953-54: The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. ... It has long been recognized that the First Amendment prohibits the state from interfering …
Article • June 15, 2008 • from PLN June, 2008
California Homosexual Prisoner Family Visits Policy Draws Fire by California’s newly adopted state prison policy permitting overnight conjugal visits for registered domestic partners who are in prison has been praised by homosexual advocacy groups but has drawn fire from religious conservatives. Prison conjugal visiting began in 1918 in Mississippi as …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Coleman v. Schwarzenegger, CA, Joint Statement Re Discovery Dispute, Medical Class Action, 2007 1 2 3 4 5 6 7 8 PRISON LAW OFFICE DONALD SPECTER Bar No.: 83925 STEVEN FAMA Bar No.: 99641 E. IVAN TRUJILLO Bar No.: 228790 General Delivery San Quentin, California 94964 Telephone: (415) 457-9144 BINGHAM, …
Article • October 15, 2007 • from PLN October, 2007
New Law Bars Hawaii Prison Officials from Canceling Visits by A new state law prohibits Hawaii prison officials from canceling prescheduled visits because of absenteeism or guard shortages, if the visitors have traveled from another island or the mainland. Retired prison guard Kam Tanaka, now a State Representative, sponsored the …
Article • May 15, 2007
Washington DOC Pays $78,150 in Bus Slip and Fall by On October 23, 1992 Cheryl Turner Jennings, a free citizen of the State of Washington visiting a prisoner, fractured her left ankle while attempting to exit a bus owned by the State of Washington and the Department of Corrections. Jennings, …
Article • May 15, 2007
Washington DOC Pays $4,000 in Parking Lot Slip and Fall by In 1994 Robert A. Hamack tripped fell in the parking lot of Washington State Reformatory in Monroe, Washington. Hamack and his wife were on their way to visit a prisoner when Hamack, after dropping his wife off at the …
Article • May 15, 2007
Filed under: Visiting, Access to Media
Prisoners Have No Right to Face-to-Face Media Interviews by The Supreme Court held that neither prisoners nor the media have the right to conduct face-to-face interviews with specific prisoners designated by members of the media. California state prisoners and media members sought permission for face-to-face interviews. Prison officials denied permission …
Article • May 15, 2007
Filed under: Visiting
Ohio State Prisoner Denied Visit with Ex-Guard by The Supreme Court of Ohio held that denial of unfettered visitation between a prisoner and a former prison guard was not unconstitutional, since visitation is not constitutionally guaranteed. Based on the former employee's training in security procedures, knowledge of facility operations and …
Article • May 15, 2007
"Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John Dannenberg "Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John E. Dannenberg The California Department of Corrections' CCDC) recently announced child visiting regulation 15 CCR § 3173.1, which prohibits any minor from visiting …
Article • May 15, 2007
Filed under: Visiting
Visitation Rights Suspension Overturned by The New York Supreme Court Appellate Division overturned the one-year suspension of visitation rights for the wife of a prisoner at the Green Haven Correctional Facility. The prisoner's wife allegedly introduced cocaine into the facility, and at the disciplinary hearing the Department of Corrections failed …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Filed under: Visiting
New York Incarceration Alone Not Grounds to Deny Visits with Children by The Supreme Court, Appellate Division, Fourth Department, New York, held that the Erie County Family Court, erred when it denied a prisoners petition for visitation with his children, based solely on the prisoners record of incarceration. The appellate …
Article • May 15, 2007
Filed under: Liberty Interests, Visiting
KY Prisoners Have Liberty Interest in Visitation by The U.S. Court of Appeals for the Sixth Circuit held that prisoners in the Kentucky State Reformatory had a liberty interest in visitation. Two state prisoners who had their visitation privileges with certain individuals suspended without a hearing brought suit against prison …
Article • May 15, 2007
Due Process Requires Contact Visits for Female Detainees by The New York Court of Appeals held that contact visits of reasonable duration is required by the due process clause of the State Constitution. Three female detainees filed a class action against the Monroe County Jail for prohibiting pretrial detainees contact …
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