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Article • May 15, 1994 • from PLN May, 1994
Witnesses May Be Subpoenaed at Government Expense by Larry Williams was a prisoner in the Poinsett County, AR, jail. He filed suit challenging various conditions at the jail as being unconstitutional and that the sheriff threatened him in an attempt to prevent him from pursuing the suit. After an evidentiary …
Third Circuit Announces Rules for Appointment of Counsel by Harvey Tabron is a Pennsylvania state prisoner. He sued prison officials claiming they had failed to protect him from attack by another prisoner. In the course of the litigation Tabron requested that the district court appoint counsel to represent him, order …
Article • February 15, 1994 • from PLN February, 1994
How to Secure the Attendance of Witnesses at Trial by Paul Wright By Paul Wright Most prisoner civil rights claims are filed by prisoner litigants who are representing themselves because they either cannot afford or cannot obtain counsel to do so. They can rarely afford to pay the relevant filing …
Article • December 15, 1993 • from PLN December, 1993
No Witnesses for IFP Litigant by Apro se civil litigant was prosecuting a § 1983 civil rights complaint in forma pauperis . The plaintiff was a prisoner and suit was filed against two guards for use of excessive force. After a bench trial, the U.S. district court entered a judgment …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Article • June 15, 1993 • from PLN June, 1993
How to Defend Against a Bill of Costs by John Adams I'm a prisoner at the Washington State Penitentiary. I've filed a few lawsuits over the years against prison officials, prison employees and prison conditions with some success. Recently, I had a case dismissed on the state's motion for summary …
Article • March 15, 1993 • from PLN March, 1993
Prisoners No Longer Entitled to Witness Fees by In October of 1992 former President Bush signed bill HR-2324 into law which prohibits the payment to incarcerated persons of witness fee's in federal court. The law amends 28 U.S.C. § 1821 and overrules the US Supreme Courts decision in Demarest v. …
Article • March 15, 1992 • from PLN March, 1992
Prison Visitor May Not Be Unreasonably Searched by Dawn Cochrane filed suit under 42 U.S.C. 1983 claiming her fourth amendment right to be free from unreasonable searches was violated when she was told to submit to a strip search or she would never be allowed to visit her father in …
Article • March 15, 1992 • from PLN March, 1992
The Protection of the Law by Bill Dunne The Protection Of The Law By Bill Dunne There are lots of laws on the books that say the various agencies of the government must do (or not do) this or that for the governed, from whom the "just powers" of those …
Article • March 15, 1992 • from PLN March, 1992
Unsuccessful Litigant Can Be Obligated to Pay Defendant's Cost by Unsuccessful Litigant Can Be Obligated To Pay Defendant's Costs Three Michigan state prisoners filed suit and were granted permission by the district court to proceed in forma pauperis, without the prepayment of fees or court costs. The case was dismissed …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
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