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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 …
Full Court Overrules Clarke v. Stalder in Part by The court of appeals for the Fifth Circuit, sitting en banc, vacated the original panel decision in Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), on rehearing. The majority opinion held that a prisoner was precluded from bringing a claim …
Duffy v. Riveland: Some Comments Regarding the Court's January 20, 1998 Summary Judgment Ruling by Leonard Feldman By Leonard J. Feldman On January 20, 1998, the district court in Duffy v. Riveland granted summary judgment on a state law claim presented by plaintiff Sean Duffy. The Court found that it …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Article • November 15, 1998 • from PLN November, 1998
D.C. Smoking Injunction Reversed by In the December, 1997, issue of PLN we reported Crowder v. District of Columbia , 959 F. Supp. 6 (D DC 1997), where a district court in the District of Columbia (D.C.) issued an injunction requiring that three prisoners in the D.C. prison system not …
Hawaii Prisoners Challenge 'Sex Offender' Label by Hawaii prisoners labeled as "sex offenders" and ordered to participate in a sex offender treatment program as a pre-condition of parole eligibility have a protected liberty interest in receiving minimal due process before being thus labeled. In 1992, Hawaii enacted a law authorizing …
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously waived indigent court costs. In 1991 the Maryland legislature enacted a Budget Reconciliation Act, 1991 Md. Laws, Ch. 3, § …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
FL DOC Violates Individuals with Disabilities Education Act by Afederal district court in Florida held that § 944.801(4), Fla. Stat. (1997), which permits prisoners under 22 years of age, who qualify for special educational services and programs pursuant to the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415, …
Sign Language Interpreters Required in Missouri by Sign Language Interpreters Required In Missouri The federal district court in Missouri granted a deaf prisoner injunctive relief and partial summary judgment for prison officials' failure to provide a sign language interpreter at disciplinary hearings, routine medical visits, classification hearings, and educational programs. …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a …
Article • May 15, 1998 • from PLN May, 1998
Prison Phones Discussed by As more and more prison systems use automated phone systems that automatically record and monitor conversations there are increased questions about the legality of such systems. This ruling arose from an indirect challenge to the Massachusetts Inmate Telephone System (MITS). The MITS requires prisoners to obtain …
Article • March 15, 1998 • from PLN March, 1998
BOP Porn Ban Held Unconstitutional by In the March, 1997, issue of PLN we reported the September 30, 1996, enactment of the "Ensign Amendment," named after its author Nevada congressman John Ensign (R). The law was enacted as a rider to the federal government's massive budget bill. No hearings or …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
Washington "Bulk Mail" Ban of PLN Struck Down by Since PLN began publishing in 1990 it has experienced sporadic attempts at censorship by the Washington DOC. This has ranged from a statewide ban of the first three issues to harassment of the editors. Unable to articulate a threat to "legitimate …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …
Article • February 15, 1998 • from PLN February, 1998
WSP Ban on Gift Subscriptions Enjoined by In two separate, unpublished rulings, different federal magistrates in Spokane, Washington, held that a Washington State Penitentiary policy requiring that prisoners purchase all magazine subscriptions and books from their prison trust accounts was unconstitutional. Both courts enjoined the policy. WSP Policy 450.100 states …
AL Jail Enjoined From Holding Prisoners Overnight by Afederal district court in Alabama held that conditions in the Pickens county jail in Carrolton, Alabama, were so abysmal it was not fit for human or animal habitation. Prisoners in the jail filed a class action suit challenging the conditions of their …
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