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Article • July 15, 2002 • from PLN July, 2002
Washington Court of Appeals Adopts Federal "Mailbox Rule" by The federal mailbox rule deems pro se prisoners' pleadings as "filed" at the time they are deposited for mailing in the prison mail system, instead of when they are received by the court clerk. As a matter of first impression, the …
Article • July 15, 2002 • from PLN July, 2002
Frivolous Dismissal Reviewed Under Abuse of Discretion Standard by The court of Appeals for the Eleventh Circuit has held that a district court's dismissal of a prisoner's 42 U.S.C. § 1983 suit for frivolousness is reviewed by the abuse of discretion standard. It also held that the prisoner's litigation history …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
Article • July 15, 2002 • from PLN July, 2002
Colorado Parole Board Member Busted for Child Porn by The Colorado Bureau of Investigation (CBI) and the Custer County (Colorado) sheriff launched an investigation in early December, 2001, into allegations that Larry Schwarz, a former Colorado Congressman and parole board member, dealt child pornography out of his home. Schwarz was …
Article • July 15, 2002 • from PLN July, 2002
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Brief • July 15, 2002
Filed under: False Arrest
Nguyen v. Pierce County, WA, Claim, Wrongful Arrest and Imprisonment, 2002 CLAIM FOR DAMAG l?,""\WI',-~~.COUNTY .' . RECEIVED RISK MANAGEMENT DEPARTMENt • 955 Tacoma Avenue South, Suite 303 Tacoma, Washington 98402 (253) 798-7462 JUL 1 5 2002 J UL 1 5 2002 PIERCE COUNTY RISK MANAGHvlENT TO PROSECUTING ATTY. +f.L(~ …
Brief • July 12, 2002
Brooks v Jorgensen, CA, Complaint, medical neglect, 2002 Case 3:02-Cv-01aJAH-NLS Document 1 Filed ae2/02 Page 2 of 27 C' ,....... 1 2 3 4 137$64) L c. DANIEL S. SILVERMAN (State Bar No. LJ LIBBY RYAN (State Bar No. 207713) y 3' 30 HELLER EHRMAN WHITE & McAULIF~ liP \ …
Article • June 15, 2002 • from PLN June, 2002
Collateral Damage: The Children of Prisoners by Tom Lowenstein Carlos Kelly was six years old when, in December of 1991, his mother, Caridad, was arrested by federal agents in Florida for conspiracy to distribute cocaine. "I remember it was, like, me and my stepbrothers and sisters, we was all gathered …
Article • June 15, 2002 • from PLN June, 2002
Oregon Bulk Mail Ban Struck Down Again by The Ninth Circuit Court of Appeals held that a rule of the Oregon Department of Corrections (ODOC) prohibiting prisoners from receiving bulk rate, third and fourth-class mail, is unconstitutional, as applied to pre-paid, for-profit, subscription publications. The Court also held that a …
Article • June 15, 2002 • from PLN June, 2002
From the Editor by Paul Wright This month's cover story examines the effects of mass imprisonment on the children of prisoners. All too often it is forgotten that prisoners have family members and the impact of penal policies on these families is largely ignored. Just as "family values" has served …
Article • June 15, 2002 • from PLN June, 2002
Prisoner Killed in California Prison by Michael Rigby On the morning of Sept. 29, 2001, after his very first night in prison, Gary Avila was found dead in his cell, apparently strangled by his cellmate. Inside the cell Paul Posada paced nervously and muttered to himself. "Yeah, I did it," …
Article • June 15, 2002 • from PLN June, 2002
Filed under: News, News in Brief
News in Brief by Bolivia: On March 27, 2002, prosecutor Alex Alipaz, was stabbed four times by two prisoners while walking through a prison corridor in the San Pedro prison. Alipaz was seriously injured in the attack but survived. Alipaz said he had no idea why he was attacked, and …
Article • June 15, 2002 • from PLN June, 2002
California Guards Bust Budget by Willie Wisely by W. Wisely A report released November 27, 2001, by the Bureau of State Audits showed the California Department of Corrections (CDC) spent $87 million more than their annual budget allotted, according to the Sacramento Bee. That money was used to cover excessive …
$525,000 Paid in California Prisoner Beating Death by In early October, 2001, the State of California agreed to pay $525,000 to the parents of a Corcoran State Prison prisoner who was killed by another prisoner in the exercise yard. James Kevin Mahoney, Jr., who was serving a life term without …
Article • June 15, 2002 • from PLN June, 2002
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Post Conviction Relief by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys in propia persona. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • June 15, 2002 • from PLN June, 2002
Filed under: Commentary/Reviews, Reviews
Book Review: The Prisons by Maggie Jaffe by Michael McIrvin (Cedar Hill Publications, 92 pages, paper, $15.00) Reviewed by Michael McIrvin The Prisons, Maggie Jaffe's most recent poetry collection is hard to read, as the bleakest truths often are. The book is also hard to put down for the same …
Article • June 15, 2002 • from PLN June, 2002
U.S. Supreme Court Holds Warrantless Probationary Searches Are Valid by The United States Supreme Court held in a unanimous decision the warrantless search of a probationer supported by reasonable suspicion and authorized by a condition of probation, was reasonable within the meaning of the Fourth Amendment. Mark Knights was sentenced …
Article • June 15, 2002 • from PLN June, 2002
The Death Penalty in the U.S.A. -- Past, Present, and Future by Roger Hummel The Death Penalty in the U.S.A. - Past, Present, and Future Book Reviews by Roger Hummel Condemned: Inside the Sing Sing Death House by Scott Christianson. New York University Press, New York. 184 pages (illustrated), $24.95, …
Article • June 15, 2002 • from PLN June, 2002
$540,000 Settlement in Minnesota Jail Beating by In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on suspicion of …
$540,000 Settlement in Minnesota Jail Beating by Robert Woodman In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on …
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