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A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Federal Court Awards Illinois Prisoner $7,116 in Fees, Costs by Michael Rigby By Michael Rigby On August 18, 2006, the U.S. District Court for the Southern District of Illinois awarded $7,116.35 in attorney's fees and costs to a state prisoner who prevailed in his civil rights claim against prison officials. …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
Federal Court Continues To Enforce Decade-Old California Prison Guards’ “Code-Of-Silence” Ruling by Federal Court Continues To Enforce Decade-Old California Prison Guards' "Code-Of-Silence" Ruling The United States District Court (N.D. Cal.) reviewed progress on its 11-year-old federal court remedial action to eliminate a pernicious code-of-silence by prison guards (most notably at …
Article • July 15, 2007 • from PLN July, 2007
$2 Million Settlement in Montgomery County, NY Strip Search Suit by On September 22, 2006, a federal judge entered an order approving the preliminary settlement of a suit against Montgomery County, New York, over its county jail strip search policy, for $2 million. This is a class-action civil rights lawsuit …
Article • July 15, 2007 • from PLN July, 2007
California Ban On Hardcover Books Held Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court (N.D. Cal.) held that the policy by California?s Pelican Bay State Prison (PBSP) Security Housing Unit of banning prisoners? possession of hardcover books violated their First Amendment rights. During the course of …
Adams v. CCA, CO, Appeal Brief, prison riot, 2007 Certification of Word Count: 9,474 COURT OF APPEALS, STATE OF COLORADO rd 2 East 14 th Avenue, 3 Floor Denver, CO 80203 Appeal from order entered by Judge Michael Schiferl, Crowley County District COUlt, 2005CV60 Plaintiffs-Appellants: Vance A. Adams,et. a1. Defendants-Appellees: …
Brief • June 19, 2007
Inmates with HIV v. Pataki, NY, Protective Order - Medical Records, 2007 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 1 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 2 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 3 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 4 …
Article • June 15, 2007 • from PLN June, 2007
$2.5 Million Settlement in Schenectady County Strip Search Suit by On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million. This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
Article • June 15, 2007 • from PLN June, 2007
Federal Prisoner’s Criminal Assault Conviction Reversed; Entitled to Raise Self-Defense by Federal Prisoner's Criminal Assault Conviction Reversed; Entitled to Raise Self-Defense The Ninth Circuit Court of Appeals has held that a California federal district court failed to properly define the elements of a claim of self-defense when a prisoner was …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Washington Indigents All Get Experts at Public Expense by The Washington State Supreme Court has ruled that CrR 3.1(f) entitles indigent criminal defendants to expert services at public expense, even if they?re represented by private counsel. Rodin Punsalan and Chayce Arden Hanson were prosecuted in the King County Superior Court …
Article • June 15, 2007 • from PLN June, 2007
Filed under: Sanctions, Sentencing
Florida Court Without Jurisdiction to Impose Confinement Condition Sanctions at Sentencing by Florida?s Third District Court of Appeals has held that a trial court has no jurisdiction to impose sanctions that regulate the treatment of prisoners in conjunction with a criminal sanction. Henry Cuesta is a prisoner serving a life …
$248,000 Jury Award for Inhumane D.C. Jail Conditions by Five prisoners in the D.C. Jail were awarded a total of $248,000 in damages On February 1, 2006, following a two day jury trial in federal district court over inhumane and unconstitutional conditions at the jail. Shannon J. Battle, Bernard Brown, …
Article • June 15, 2007 • from PLN June, 2007
The Political Economy of Prison and Jail Litigation by Margo Schlanger by Margo Schlanger* This article explores the practical effects of the prisoner civil rights docket on conditions of incarceration for the 2.2 million people in American jails and prisons on any given day.1 The analysis takes on a great …
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