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Alaska Classification Subject to Court Review
Article • May 15, 1998 • from PLN May, 1998
Filed under: Out of State Transfers, Prisoner Privileges, Rehabilitation/Recidivism
overcrowding in Alaska prisons. Two hundred prisoners were transferred under two categories. Brandon fell into the category of having more than 7 1/2 years of incarceration remaining. At a classification ...
Allan Ellis' Federal Prison Guidebook
Article • September 15, 1998 • from PLN September, 1998
Filed under: Commentary/Reviews, Reviews, Attorney Client
for prisoners; $39.95 for everyone else. Shipping is $1.50 for the first copy; $1 for each additional copy. Add $3 for priority shipping. Order from: Law Office of Alan Ellis, P.O. Box 2178, Sausalito, CA 94966 ...
CA ADA/RA Injunction Affirmed
Article • September 15, 1998 • from PLN September, 1998
Filed under: Deaf Prisoners, Disabled Prisoners, Work, Inability to Work, Education, Injunctions, Appeals, Good Time, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
' appeal under 28 U.S.C. § 1292(a)(1). The plaintiffs argued that the remedial plan and injunction weren't appealable because they merely required the defendants to submit detailed plans for complying ...
ADA and RA Suits Not Barred by 11th Amendment
Article • September 15, 1998 • from PLN September, 1998
Filed under: Discrimination, Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
under the eleventh amendment.' See also Duffy v. Riveland , 98 F.3d 447, 452 (9th Cir. 1996). Similarly, 42 U.S.C. § 2000d-7(a)(1) of the Rehabilitation Act explicitly states, 'A state shall not be immune ...
AEDPA Successive Petitions Clause Not Applicable to Disiplinary Hearings
Article • September 15, 1998 • from PLN September, 1998
Filed under: Disciplinary Hearings, Disciplinary Litigation, Habeas Corpus
of their convictions and sentences. Thus, a later petition is successive when it: 1) Raises a claim challenging the petitioner's conviction or sentence that was or could have been raised in an earlier petition; or 2 ...
Retaliatory Denial of WA Parole Decision Vacated
Article • November 15, 2000 • from PLN November, 2000
Filed under: Misconduct/Corruption, Parole Board Misconduct, Retaliation for Litigating, Parole
378 (6th Cir. 1999)(En Banc), for determining retaliation: (1) the plaintiff engaged in protected conduct; (2) an adverse action was taken: and (3) there is at least a partial causal relation between ...
Private Citizen Liable for Jail Slavery Under §1983
Article • November 15, 2000 • from PLN November, 2000
Filed under: Judicial Misconduct, Prison Industries, Prison Labor, Civil Procedure, Parties, Municipal Liability, Contractor Liability
of a private entity may be deemed to be state acts where: (1) there is a sufficiently close nexus between the state and the challenged action: (2)the state has so coerced or encouraged a private. act ...
Colorado ACLU Settles Restraint Board Suit
Article • January 15, 2002 • from PLN January, 2002
Filed under: Toilets, Excessive Force, Restraints
has died at the jail in connection with the restraint board's use. The agreement reached between the parties is effective between February 1, 2000 and January 31, 2002. It requires EPSO to provide ...
World Court Upholds Foreigners' Right to Contact Their Embassies
Article • January 15, 2002 • from PLN January, 2002
Filed under: International Law, Death Penalty/Death Row, Death Penalty
and Arizona proceeded with the executions. In a 14to-1 decision handed down last summer, the World Court sided with Germany saying the U.S. should have granted "review and reconsideration' of the LaGrands ...
ADA Claims Against State Cannot Proceed in Federal Court
Article • December 15, 2001 • from PLN December, 2001
Filed under: Blind Prisoners, Reading Materials, Civil Procedure, Damages, State Law Claims, Venue, Americans with Disabilities Act, Eleventh Amendment Immunity
that because the ADA was grounded in the Commerce Clause (US Const., Art. 1, §8(3)), the state was not subject to private litigation in federal court, and therefore such a claim could proceed only in state ...
Jailhouse Lawyering Protected; Frivolous Claims Are Not
Article • November 15, 2001 • from PLN November, 2001
Filed under: Transfers, Retaliation for Filing Grievances, Retaliatory Transfers, Disciplinary Hearings, Retaliatory Discipline, Prisoner Legal Assistance, Res Judicata
). The latter claims are subject to a three part First Amendment-based test: (1) the prisoner's conduct was constitutionally protected; (2) the action taken would dissuade an ordinary person from continuing ...
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling
Article • November 15, 2002 • from PLN November, 2002
Filed under: Medical, ENT, Administrative Exhaustion (PLRA), Limitations
; Wright appealed the judgment. TDCJ offers administrative remedies to prisoners in the from of a two-step grievance procedure. Wright alleged that filing a Step-1 grievance was sufficient to put ...
Massachusetts Jail Guards Assault Mentally Disabled Prisoner
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disabled Prisoners, Guard Brutality/Beatings, Mental Health
in the incident. The other five guards received suspensions without pay ranging from five weeks to 8 1/2 months. Cousins, who is black, said that racism was not an issue. "They were playing with him," he said. g ...
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax
Article • January 15, 2004 • from PLN January, 2004
Filed under: Class Certification, Money/Property, Seizure of Prisoner Funds, Tax Law
was the victims' assistance fund, replaced an earlier law which had levied a constitutionally permissible 1% sales surcharge for maintenance and operation of the commissary. Although the court recognized ...
Bond Fees State Eighth Amendment Claim
Article • January 15, 2004 • from PLN January, 2004
Filed under: Standing, Parties, Class Certification, Money/Property, Bond Fees, Municipal Liability
that at least 19 of Illinois' 102 counties charge a bond fee to detainees who are released on bail or on their own recognizance. The bond fees, authorized by Illinois state law, vary between $1 and $45 ...
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus
Article • January 15, 2004 • from PLN January, 2004
Filed under: Disciplinary Litigation, Sanctions (Disciplinary Hearings), Civil Procedure, Limitations, Good Time, Parole, Habeas Corpus
federal habeas corpus. The Fifth Circuit also held that the one-year AEDPA limitation period of 28 U.S.C. § 2244(d)(1) applies to habeas corpus petitions challenging the outcome of prison disciplinary ...
Texas Grooming Code May Violate RFRA
Article • May 15, 1996 • from PLN May, 1996
Filed under: Grooming Rules, Religious Freedom Restoration Act, Religious Freedom, Religious Grooming
as it was presented under the RFRA, 42 U.S.C. § 2000bb-1 which requires the government to show a compelling interest whenever they substantially burden the exercise of religion. The RFRA applies to prisoners' claims ...
$13,501 Jury Award in Seg Case Affirmed; New Trial Denied
Article • September 15, 1998 • from PLN September, 1998
Filed under: Civil Procedure, Damages
in compensatory damages against three defendants; $1 in punitive damages against one defendant and $5,000 each against two defendants, for a total damage award of $13,501. The defendants moved for a new trial ...
Texas Shaving Rule Declared Illegal
Article • October 15, 1996 • from PLN October, 1996
Filed under: Grooming Rules, Religious Freedom Restoration Act, Qualified Immunity, Religious Freedom, Religious Grooming
the RFRA, 42 U.S.C. § 2000bb-1(b), and found that the rule requiring all prisoners to be clean shaven was a substantial burden on Lewis's religious rights, thus violating the RFRA. The court held that Lewis ...
Denial of Medication Precludes Summary Judgment
Article • May 15, 2000 • from PLN May, 2000
Filed under: CMS, Medical, HIV/AIDS, Medication, Municipal Liability
, the court stated that under §1983, Murphy must prove (1) that the challenged conduct was committed by a person acting under color of state law, and (2) that the conduct "caused" a deprivation of a person's ...
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