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Article • May 15, 2011
Interference With Access to Legal Materials by Federal Prison Officials May Warrant Equitable Tolling by The U.S. Court of Appeals for the Tenth Circuit held that interference with a prisoner’s access to legal materials by the Bureau of Prisons (BOP) may warrant equitable tolling of the one-year deadline for seeking …
Article • May 15, 2011
Dismissal for Failure to Exhaust Reversed by On October 21, 2009, the Court of Appeals of Tennessee vacated a trial court’s dismissal of a prisoner’s suit for failure to exhaust administrative remedies. Gregory Potter sought 42 U.S.C. §1983 relief for an access to courts violation. Potter did not name the …
Article • May 15, 2011
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at …
Article • May 15, 2011
Tenth Circuit: Grievance Restrictions Don't Excuse Failure to Exhaust by On June 23, 2010, the Tenth Circuit court of appeals held that the fact that a prisoner was placed on grievance restriction did not excuse his failure to exhaust administrative remedies when he failed to avail himself of the restricted …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Article • April 15, 2011
California Prisoner, As Pro Per Plaintiff In Civil Complaint, Has Right To Reasonable Law Library Access by John Dannenberg By John E. Dannenberg The California Court of Appeal (1st District) held that an indigent pro per prisoner plaintiff who is prosecuting a bona fide civil complaint is entitled to meaningful …
Article • April 15, 2011
Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit by Matthew Clarke By Matt Clarke On September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court. Junior Ray …
Texas Court of Appeals Reverses Dismissal of Prisoner's Retaliation Suit by By Matt Clarke On September 10, 2008, a Texas state court of appeals reversed the Chapter 14, Texas Civil Practice & Remedies Code, dismissal of a state civil rights action brought by a prisoner under 42 U.S.C. § 1983. …
LCS Granted Writ of Mandamus on the Basis of Res Judicata by The Supreme Court of Alabama ruled on December 19, 2008 that res judicata was established in a prisoner’s First Amendment case that was previously adjudicated by a Louisiana court of competent jurisdiction. On October 3, 2006, Carl Braxton …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Article • April 15, 2011
Library Purge Deemed Unconstitutional by On October 16, 2000, West Virginia prisoner Roger Cline filed suit against William Fox who was the warden at St. Mary’s Correctional Center, the facility where Cline was housed. The complaint was filed pursuant to 42 U.S.C. § 1983 accusing Fox and his staff of …
Article • March 15, 2011 • from PLN March, 2011
Probation May Not Be Conditioned On Overly Broad Court Access Restrictions by A California Court of Appeal has concluded that a probation condition prohibiting a defendant from being within 500 feet of any courthouse is unconstitutionally overbroad. Alejandro Perez pleaded guilty to second degree robbery after forcibly taking a $29 …
Article • March 15, 2011
$1,000 Settlement for DC Jail Prisoner Assaulted by Guards, Property Destroyed by The District of Columbia (DC) paid $1,000 to settle the lawsuit of prisoner Gardner Bradley, arising from his assault by guards and the destruction of his property. The facts underlying the complaint occurred at the DC Jail. The …
Article • February 15, 2011 • from PLN February, 2011
Filed under: Court Access, Photocopies
Texas Supreme Court Rules Typed Copy of Grievance Decision Satisfies Chapter 14 by The Supreme Court of Texas has held that a prisoner who submits a hand-typed copy of the prison grievance decision he received adequately meets the requirements of Chapter 14, Texas Civil Practice and Remedies Code (TCPRC). Michael …
Publication • February 1, 2011
Assistance to Pro Se Litigants in U.S. Dist. Courts Study Fed. Judicial Ctr. 2011 Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges Donna Stienstra, Jared Bataillon, and Jason A. Cantone Federal Judicial Center 2011 This Federal Judicial Center …
White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET …
Adams v. CCA, CO, Plf Res to Discovery Mot, prison riot, 2010 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 Plaintiffs: VANCE A. ADAMS et. al. ▲COURT USE ONLY ▲ …
Adams v. CCA, CO, Plf Support Mot PSJ, prison riot medical records, 2010 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: VANCE A. ADAMS et. …
Adams v. CCA, CO, Plf Mot PSJ - Damages, prison riot, 2010 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: VANCE A. ADAMS et. al. …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Court Access, Paralegals
Texas Sues Former Prisoner Over Unauthorized Practice of Law by Matthew Clarke by Matt Clarke On May 12, 2010, the Unauthorized Practice of Law Committee (UPLC), a nine-member body appointed by the Texas Supreme Court that is responsible for enforcing statutes prohibiting the unauthorized practice of law, filed suit against …
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