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Article • September 20, 2014 • from PLN September, 2014
Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court by Matthew Clarke Texas: Clerk May Not Bill Defendant for Attorney Fees Not Ordered by Court by Matt Clarke The Texas Court of Criminal Appeals held last year that a district clerk may not send an indigent …
Article • September 20, 2014 • from PLN September, 2014
Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matthew Clarke Fifth Circuit Holds Prison Guard’s Injury-Causing Reckless Driving States Nonfrivolous Claim by Matt Clarke The Fifth Circuit Court of Appeals held last year that a district court erred when it dismissed a prisoner’s claim that he …
Article • September 20, 2014 • from PLN September, 2014
Filed under: Attorney Fees (PLRA)
Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David Reutter Fourth Circuit Finds PLRA Attorney Fee Cap Constitutional by David M. Reutter The Fourth Circuit Court of Appeals held on November 1, 2013 that the attorney fee provision of the Prison Litigation Reform Act (PLRA) is constitutional. The ruling …
Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S. by Matthew Clarke Eighth Circuit Holds No SORNA Registration Requirement after Leaving U.S. by Matt Clarke The Eighth Circuit Court of Appeals held in August 2013 that the Sex Offender Registration and Notification Act (SORNA) does not require a registered …
Article • September 20, 2014 • from PLN September, 2014
Alabama DOC Short Hair Policy Does Not Violate RLUIPA by David Reutter Alabama DOC Short Hair Policy Does Not Violate RLUIPA by David M. Reutter The Eleventh Circuit held in July 2013 that an Alabama Department of Corrections (ADOC) policy requiring prisoners to maintain short hair does not violate their …
Article • September 20, 2014 • from PLN September, 2014
First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matthew Clarke First Circuit Dismisses Appeal of Court’s Failure to Sanction Federal Prosecutor by Matt Clarke On July 22, 2013, the First Circuit Court of Appeals dismissed an appeal by the Massachusetts Bar Counsel challenging the failure of …
Brief • September 19, 2014
Filed under: Indigent Defense
Rucker v. Spokane County, WA, Order, debtors prison, 2014 Case 2:12-cv-05157-LRS Document 70 Filed 09/19/14 1 2 3 Honorable Lonny R. Suko 4 5 6 7 8 9 Michael A. Patterson, WSBA 7976 Michael T. Kitson, WSBA 41681 PATTERSON BUCHANAN FOBES & LEITCH, INC., P.S. 2112 Third Avenue, Suite 500 …
Article • September 18, 2014 • from PLN September, 2014
Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matthew Clarke Eighth Circuit Upholds Injunction Over Cameras in Restrooms at Civil Commitment Center by Matt Clarke In April 2013 the Eighth Circuit Court of Appeals upheld a preliminary injunction granted by a federal district court in …
Article • September 18, 2014 • from PLN September, 2014
Former New Mexico State Senator Released from Prison by Former New Mexico State Senator Released from Prison Manny Aragon, 66, a former New Mexico state Senate leader, was released from federal prison on December 5, 2013. Although most federal prisoners are sent to a halfway house to complete the remainder …
Article • September 18, 2014 • from PLN September, 2014
Filed under: Out of State Transfers
Transferred Prisoner May Sue Oklahoma Officials in Oregon Court by Mark Wilson Transferred Prisoner May Sue Oklahoma Officials in Oregon Court by Mark Wilson In an October 9, 2013 ruling, the Oregon Court of Appeals held that Oregon courts have personal jurisdiction over Oklahoma prison officials with respect to claims …
Article • September 18, 2014 • from PLN September, 2014
Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center by David Reutter Eleventh Circuit Tailors Turner for Censorship Claims at Civil Commitment Center by David M. Reutter On September 23, 2013, the Eleventh Circuit Court of Appeals vacated a summary judgment order that upheld a civil commitment center’s …
Article • September 18, 2014 • from PLN September, 2014
Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch by Matthew Clarke Seventh Circuit Upholds Dismissal of Suit Over Placement on Suicide Watch by Matt Clarke The Seventh Circuit Court of Appeals has affirmed the dismissal of a prisoner’s lawsuit over his placement on suicide watch and in …
Article • September 18, 2014 • from PLN September, 2014
Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement” by David Reutter Alabama Work Release Transportation, Medical and Drug Screen Costs Not “Incidental to Confinement” by David M. Reutter Alabama’s Supreme Court has held that the plain language of § 14-8-6, Ala. Code 1975 does not …
Article • September 18, 2014 • from PLN September, 2014
Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matthew Clarke Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matt Clarke In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations …
Article • September 18, 2014 • from PLN September, 2014
Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification by Matthew Clarke Massachusetts: Acquittal on Additional Sex Offense Doesn’t Trigger Reevaluation of Sex Offender Classification by Matt Clarke On September 11, 2013, the Massachusetts Supreme Court held that a prisoner who had been convicted of a …
Article • September 18, 2014 • from PLN September, 2014
BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna The federal Bureau of Prisons (BOP) is facing criticism for its apparent failure to adequately oversee a Florida-based company responsible for coordinating …
Article • September 18, 2014 • from PLN September, 2014
Filed under: HIV/AIDS, Statistics/Trends
New Report Cites Fewer HIV-Positive State and Federal Prisoners by Matthew Clarke New Report Cites Fewer HIV-Positive State and Federal Prisoners by Matt Clarke A recent study revealed that the number of HIV-positive prisoners in both state and federal facilities nationwide is declining and, for the first time, the AIDS …
Holleman v. Zatecky, IN, Complaint, Retaliation, 2014 Case 1:14-cv-00671-TWP-DML Document 20 Filed 09/18/14 Page 1 of 22 PageID #: 121 SC NNED at PENDLET N and Emailed on CJ1. f6'_5 7Lllfy IN THE · UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ROBEERT L. HOLLEMAN, Plaintiff V. CAPTAIN …
In-the-News Article • September 18, 2014
CCA subject to public records law in Texas Sept. 18, 2014 PLN Press Releases Prison Legal News PRESS RELEASE      Human Rights Defense Center For Immediate Release September 18, 2014   Texas Court Rules Private Prison Company Subject to State’s Public Information Act     AUSTIN, TX – On Monday, …
Publication • September 18, 2014
Joint Letter to Dept. of Health and Human Services, PREA Regulations, 2014 September 18, 2014 Secretary Sylvia Mathews Burwell U.S. Department of Health and Human Services 200 Independence Avenue Washington, D.C. 20201 Dear Secretary Burwell, The signatories urge the Department of Health and Human Services (HHS) to fulfill its mandate …
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