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$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
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 …
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 …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff …
Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
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
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 …
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 …
Article • December 15, 2010 • from PLN December, 2010
California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years by Four months after adopting regulations setting forth a statewide mandate that “[a]ll inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts” (Cal. …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial by Mark Wilson On December 2, 2009, the Ninth Circuit Court of Appeals found that a prison librarian was entitled to qualified immunity for denying a prisoner’s request to comb-bind his legal papers. Oregon prisoner Frank Phillips intended to file a …
Brief • September 1, 2010
Couch v. Jabe, VA, Judgment, Censorship Prisoner Library, 2010 Case 7:09-cv-00434-jct-mfu Document 43 Filed 09/01/10 Page 1 of 21 'CLERK'S OFFlee U,S, DI8T. coURT AT ROANOKE, VA FILED SEP 0 1 2010 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION WILLIAM R. COUCH, Plaintiff, …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the …
Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation by Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation On April 3, 2008, a federal jury awarded $1,150 to a prison law library clerk in a lawsuit claiming retaliation by a prison librarian. Charles Watkins, a law clerk …
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