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Article • October 15, 2013 • from PLN October, 2013
D.C. District Court Reaffirms Access to Counsel for Guantanamo Detainees by Derek Gilna In a September 6, 2012 memorandum opinion, the U.S. District Court for the District of Columbia once again asserted an “obligation to assure that those seeking to challenge their Executive detention by petitioning for habeas relief have …
Eighth Circuit Denies Civilly Confined Minnesota Patients 1983 Action by Derek Gilna Civilly-committed patients in the Minnesota Sex Offender Program (MSOP) filed suit under 42 U.S.C. § 1983 against Minnesota Department of Human Services (DHS) and Minnesota Department of Corrections (DOC) officials, alleging that various conditions of their confinement were …
PA Prison Might Unconstitutionally Restrict Prisoners’ Court Access by William Bryan, a Pennsylvania state prisoner, sued prison officials in federal district court under 42 U.S.C. 1983, claiming that they denied him adequate access to the courts. Legal business was conducted through a prisoner-staffed law clinic which was not allowed to …
Article • July 15, 2013 • from PLN July, 2013
Sixth Circuit Reverses Dismissal of Suit Due to Non-Exhaustion and Statute of Limitations by The Sixth Circuit Court of Appeals reversed a lower court's summary judgment order that erroneously dismissed a Michigan prisoner's lawsuit for non-exhaustion and because it was time-barred. On November 30, 2005, Michigan state prisoner Samuel Surles …
Article • June 15, 2013 • from PLN June, 2013
New York Commission of Correction Says Jails Don't Need Law Libraries by According to the Albany Legislative Gazette, the New York State Commission of Correction will no longer require the county jails it oversees to provide law libraries for detainees, effective May 18, 2013. Although jails must provide prisoners with …
Washington Lawyer's Committee - Guide to the Grievance Process for Sexual Abuse, 2013 A PRISONER’S GUIDE TO THE GRIEVANCE PROCESS FOR SEXUAL ABUSE This Guide has been created by the D.C. Prisoners’ Project of the Washington Lawyers' Committee for Civil Rights and Urban Affairs. It was last updated in June …
$75 Awarded for Magazine Denial; Access to Personal Law Books Denied by On January 3, 2001 a U.S. Magistrate judge upheld the denial of a prisoner's access to personal law books and awarded $75 for magazines denied by the unit. Louisiana State prisoner Leo J. Schwartz, III was segregated over …
Article • April 15, 2013 • from PLN April, 2013
Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption, by Shon Hopwood and Dennis Burke (Crown, August 2012). 320 pages, $25.00 hardcover by Lisa McElroy Book review by Lisa McElroy In the Spring of 2003, the phone on Seth Waxman’s desk rang. “Will you accept …
Article • April 15, 2013
Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit by Derek Gilna Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to …
Brief • March 25, 2013
Lehr et al v. City of Sacramento, CA, Order, homeless anti-camping rules property seizure, 2013 Case 2:07-cv-01565-MCE-EFB Document 237 Filed 03/25/13 Page 1 of 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY LEHR, et al., 12 Plaintiffs, …
Article • March 15, 2013
Trial and Conviction in Washington Jailhouse Courtroom Overturned by Michael Rigby by Mike Rigby On May 27, 2010, the Washington State Supreme Court, sitting en banc, held that a trial and subsequent conviction that took place in a jailhouse courtroom violated the defendant's right to due process by eroding the …
Article • March 15, 2013
Filed under: Court Access, Filing Fees
Legislature’s Taking of Civil Filing Fee Portion not Unconstitutional Tax by The Florida Supreme Court ruled that legislation that requires portions of civil action filing fees deposited into the state’s general revenue fund does not constitute an unconstitutional tax on litigants. It also found the statutes at issue do not …
Adams v. CCA, CO, Orders, prison riot, 2010 FROM 9707763319 Thu Feb 07 09 :17 : 59 2013 From:otero county district court PAGE 1 OF 7 7193844991 02 / 07/2013 11 : 10 #478 P.001 / 007 STATE OF COLORADO Courts of the Sixteenth Judicial District Otero, Bent and Crowley …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Washington Jail Prisoner Settles Retaliation Claim for $10,000 by Washington State’s Pierce County has agreed to pay $10,000 to settle a federal lawsuit that claimed a prisoner was subjected to retaliation in the form of solitary confinement for exercising his First Amendment right of access to the courts. Neil Grenning …
Brief • November 20, 2012
Filed under: Indigent Defense
Rucker v. Spokane County, WA, Complaint, debtors prison, 2012 Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 CV-12-5157-LRS Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 Case 2:12-cv-05157-LRS Document 1 Filed 11/20/12 Case 2:12-cv-05157-LRS Document 1 …
Article • July 15, 2012
Filed under: Court Access
South Dakota: First Amendment Right of Access to Criminal Trials Extends to Civil Trials as Well by In September 2011, the Supreme Court of South Dakota issued a permanent writ of prohibition, effectively rescinding an order by the Honorable John J. Delaney, circuit court judge, which (1) imposed a gag …
Brief • July 11, 2012
Burdette et al v. Town of Harpersville, Al, Order, JCS private parole deptors prison, 2010 ELECTRONICALLY FILED 7/11/2012 3:26 PM CV-2010-900183.00 CIRCUIT COURT OF SHELBY COUNTY, ALABAMA MARY HARRIS, CLERK
Adams v. CCA, CO, Plf Reply Def Mtn Against Separate Trials, prison riot disclosure of records, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
Article • June 15, 2012
Ninth Circuit agrees with Defendant and Reverses Contempt Conviction by Derek Gilna By Derek Gilna Although agreeing with the government that the defendant, James Kimsey was "no saint," the Ninth Circuit Court of Appeals agreed with Kimsey that he could not be held in contempt for failure to obey a …
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