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BOP Violates Due Process in Ad-Seg, Transfer and Mail Suit by A federal district court in Illinois held that the Bureau of Prisons (BOP) violated a prisoner's right to due process when it placed him in administrative segregation (ad seg), transferred him to a different prison and denied him the …
Prison Officials Waive Untimely Asserted Heck Defense by The Seventh Circuit court of appeals has held that prison officials' untimely assertion of the Heck defense waived the defense. Richard Carr, a middle-aged minimum- security Illinois prisoner was 96 days from release in 1989 when young gang members on his unit …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
Article • September 15, 1999 • from PLN September, 1999
Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …
Article • August 15, 1999 • from PLN August, 1999
Contaminated Water Claim Not Barred by PLRA Physical Injury Rule by The court of appeals for the Seventh circuit held that a prisoner's lawsuit over a prison's lead contaminated water was wrongfully dismissed under the Prison Litigation Reform Act's (PLRA) physical injury requirement. Floyd Robinson, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
No Liberty Interest in Illinois Parole Laws by The court of appeals for the Seventh circuit held that Illinois prisoners have no liberty interest in parole. In doing so, the court overruled a prior ruling that had held otherwise. Two Illinois state prisoners filed a habeas corpus petition in federal …
Article • August 15, 1999 • from PLN August, 1999
Filed under: Telephones, Telephone Rates
Class Action Suits Challenge Rip-Off Prison and Jail Phone Rates by Suit Filed in Illinois On May 5, 1999, a class action suit was filed by Illinois consumers who receive collect calls from Illinois state and county jail prisoners alleging that they are forced to pay exorbitant phone rates as …
Article • July 15, 1999 • from PLN July, 1999
Retaliation Suit States Claim by Afederal district court in Illinois held that a jail prisoner had stated a claim upon which relief could be granted in his lawsuit alleging retaliation. David Lewis was a prisoner in the Cook county (Chicago) jail in Illinois where he worked as a law library …
Article • July 15, 1999 • from PLN July, 1999
FRAP 24 Good Faith Standard Not High by The court of appeals for the Seventh Circuit held that district courts should not apply inappropriately high standards when making "good faith" determinations on in forma pauperis (IFP) motions under Rule 24 of the Federal Rules of Appellate Procedure (FRAP). The court …
Infraction Inadmissable at Criminal Trial by The court of appeals for the Seventh circuit held that a district court erred when it admitted testimony on the outcome of a prison disciplinary hearing in a criminal trial on the same charges. Anthony Thomas was convicted in federal court of mailing death …
Illinois Exhaustion Described by A federal district court in Illinois held that a prisoner had fully exhausted all available administrative remedies under 42 U.S.C. § 1997e when he submitted a grievance through all levels of the Illinois Department of Corrections. Brian Jones filed suit claiming a prison guard beat him …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Article • May 15, 1999 • from PLN May, 1999
Illinois KKK Guard Loses Lawsuits, Goes to Prison by Paul Wright On December 4, 1998, former Illinois prison sergeant Wallace Scott Weicherding (64) was sentenced to 5 years, 10 months in federal prison after being convicted on conspiracy and weapons charges. Weicherding was arrested with five other men who called …
Article • May 15, 1999 • from PLN May, 1999
District Court Can't Dismiss Appeal for Failure to Pay Filing Fee by The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit …
De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
Article • April 15, 1999 • from PLN April, 1999
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Article • March 15, 1999 • from PLN March, 1999
PLRA "Three Strikes" Provision Upheld and Discussed by PLRA "Three Strikes" Provision Upheld and Discussed The ostensible purpose of the Prison Litigation Reform Act (PLRA) was to curtail frivolous litigation by prisoners. 28 U.S.C. § 1915(g) was enacted which does not allow In Forma Pauperis (IFP) status for prisoners that …
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