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Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Article • June 15, 2007 • from PLN June, 2007
Missouri Legislature Allows Wrongfully Convicted to Receive Compensation by The Missouri Legislature has enacted legislation to compensate all persons declared "actually innocent" after DNA testing. In the last 15 years, five such prisoners in Missouri were released after being exonerated by DNA testing. The latest action by that legislature sought …
Article • June 15, 2007 • from PLN June, 2007
Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined by John Dannenberg Phoenix, Arizona Sheriff's Policy Delaying Prisoners' Elective Abortions Enjoined by John E. Dannenberg Maricopa County, Arizona Sheriff Joe Arpaio's policy that required a female prisoner seeking an elective abortion to first obtain a court order for this procedure …
Brief • June 1, 2007
Filed under: Settlements
Goodnow v. Hoffman, VT, Release Medical Treatment, Neglect, 2007 GENERAL RELEASE For and in consideration of the sum of Twenty-Five Thousand Dollars and nol100 ($25,000.00), lawful money of the United States, the receipt of which is hereby acknowledged, the undersigned Peter Goodnow does for himself and his heirs, executors, administrators, …
Article • May 15, 2007
Summary Judgment on Wrongful Arrest Reversed by The Fourth U.S. Circuit Court of Appeals has vacated and remanded the grant of summary judgment to various state, county, and city defendants by the U.S. District Court of Maryland in a wrongful arrest case. Tray Carter was twice arrested and held in …
Article • May 15, 2007
Magistrate Judge Can Investigate Frivolity of Complaint by The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the …
Article • May 15, 2007
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
Article • May 15, 2007
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Article • May 15, 2007
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Article • May 15, 2007
Houston v. Lack Tolls Statute of Limitations by The U.S. Second Circuit Court of Appeals held that the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed2d 245 (1988) tolls the statute of limitations during the interval between the date a prisoner delivered to prison …
Article • May 15, 2007
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials by Following remand in Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982), Montana prison officials appealed the Ninth Circuit's nude photograph ruling. The appeal was dismissed "because it is frivolous and brought in bad faith to vex, …
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Article • May 15, 2007
Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 by Expert Witness Fees Not Recoverable Under 42 U.S.C. § 1988 The United States Supreme Court held in a West Virginia case that fees for services rendered by experts in civil rights litigation may not be shifted to the losing …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
PI Granted on Refusal to Deliver Prisoner's Mail Due to Name Change by The Ninth Circuit Court of Appeals held that a California prisoner was entitled to a preliminary injunction against prison practices that had the effect of interfering with his access to the court. "The gist of this case …
Article • May 15, 2007
Ninth Circuit Discusses Common Law Mailbox Rule by In an action for a tax refund, brought by a Washington state taxpayer against the Internal Revenue Service, the Ninth Circuit Court of Appeals noted that "[u]nder the common law mailbox rule, proper and timely mailing of a document raises a rebuttable …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Article • May 15, 2007
Claim of Juror Alcohol Use Does Not Warrant Evidentiary Hearing by The U.S. Supreme Court held that a district court's refusal to hold an evidentiary hearing on allegations that jurors used alcohol during a criminal trial was not in error. Defendants, two friends who were involved in an allegedly illicit …
Article • May 15, 2007
Dismissal of Federal Habeas Claim Over Living Conditions Reversed by The U.S. Supreme Court reversed and remanded the dismissal of prisoners' habeas corpus action challenging their living conditions. Missouri state prisoners confined in maximum security brought state habeas corpus action challenging living conditions but did not seek release. The action …
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