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Article • May 15, 2007
Denial of Feet Treatment, Paralegal Education, Visiting Suit Dismissed by The plaintiff's allegation of denial of treatment for "fallen arches" and "flat feet" do not "suggest a serious medical condition," so his claim is dismissed. The court cites no authority whatsoever for this medical judgment. The denial to plaintiff of …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
Article • May 15, 2007
Prisoners Have No Right to Give Legal Assistance by The court of appeals for the Eighth circuit held that a North Dakota prisoner had no right to provide legal assistance to other prisoners. There is a circuit split on this issue. See: Gassier v. Rayl, 862 F.2d 706 (8th Cir. …
No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …
Article • May 15, 2007
Paralegal Ban Denies Effective Assistance of Counsel by The court of appeals for the Second circuit held that a New York prison policy denying a segregation unit/death row prisoner the ability to see paralegals employed by his attorney denied him effective assistance of counsel. The court denied prison officials qualified …
Closure of Pennsylvania Prison Legal Clinic Enjoined by A Pennsylvania federal district court held that prison officials intent to close the Para-Professional Law Clinic (PPLC) at the State Correctional Institution in Graterford would violate prisoners' right to meaningful access to the courts. The PPLC is a non-profit corporation that has …
Article • May 15, 2007
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • May 15, 2007
Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists by Dan Pens One year ago this month, PLN reported that 34 Arizona prison law libraries were permanently closed and replaced with visiting paralegals under contract with the state. [See: "Experiment in Access: Law Libraries Eliminated in Arizona Prisons" …
Article • October 15, 1998 • from PLN October, 1998
Arizona Paralegals Obstruct Court Access by by [AZ prisoner, name withheld by request] The elimination of Arizona prison law libraries is an experiment that other states (and the courts) are watching. Does the contract paralegal system work? And does it provide constitutionally adequate access to the courts? After one year …
Article • August 15, 1998 • from PLN August, 1998
Idaho Law Libraries Closed, Pillaged by M.M. Following the lead of Arizona [See: "Experiment in Access" Oct '97 PLN ], the Idaho DOC, on January 19, 1998, revised their method of providing court access to Idaho prisoners. Under the revised policy, the law libraries in Idaho prisons will permanently close. …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
Access to Courts: Standing to Assert Right by Access To Courts: Standing To Assert Right This access to the courts case was filed by the Prisoners' Legal Association (PLA), a sanctioned organization of seven jailhouse lawyers operating inside the East Jersey State Prison. The PLA claimed they were harassed because …
Article • September 15, 1993 • from PLN September, 1993
Harassment of Jailhouse Lawyer Violates Access to Courts by Aprison guard's harassment of inmate paralegals is actionable under 42 U.S.C. § 1983 as a violation of other prisoners' right of access to the courts, which was recognized as a constitutional right in Bounds v. Smith , 430 U.S. 817 (1977), …
Con Awarded $1,500 For Inadequate Book Access by A prisoner housed in a maximum security building at a Delaware prison filed a lawsuit challenging the adequacy of the legal resources available to him. The court found the legal resources provided constitutionally inadequate and awarded him $750 in compensatory and $750 …
Article • February 15, 1992 • from PLN February, 1992
Prisoner Can Receive Diploma in Mail by Bobby Griffin is a Missouri state prisoner who graduated from a college paralegal course. Upon graduation the college mailed him his diploma and grade transcript. This was rejected by prison officials who claimed prison regulations prohibited prisoners from having original diplomas and transcripts …
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