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Article • May 15, 2007
Late Notice of Appeal Allowed when Prison Officials Don't Provide Paper by Late Notice of Appeal Allowed When Prison Officials Don't Provide Paper A federal district court in New York held that a notice of appeal rejected by the court clerk because it was typed on the wrong size paper …
Evidentiary Hearing Required Before PLRA Termination of Consent Decree by Evidentiary Hearing Required Before PLRA Termination of Consent Decrees The court of Appeals for the Eleventh Circuit has held that a district court must hold an evidentiary hearing to determine if there are current and ongoing" violations of class member's …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
Article • May 15, 2007
Texas Jailhouse Lawyer Prohibition Unconstitutional by The United States Court of Appeals for the Fifth District held that a single judge could determine whether or not the Texas DOC's rules and practices prohibiting prisoners from giving or receiving legal assistance from one another, "in habeas corpus and other general civil …
Virgin Island Prison Officials Held in Contempt for Failing to Comply with Conditions of Confinement Orders by The US District Court (D. Virgin Islands) held that Virgin Island Bureau of Corrections (BOC) officials were in contempt of court for not making all reasonable efforts to comply with the court's earlier …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
Article • May 15, 2007
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Article • May 15, 2007
No Temporary Injunction Before Conviction Under Florida Son of Sam Statute by The First District Court of Appeals of Florida held that the Bradford County Circuit Court erred in temporarily enjoining the payment of proceeds earned from the reenactment of a crime, even though there had not yet been a …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Article • May 15, 2007
Tenth Circuit Holds COA Required on All State Habeas Appeals by The Tenth District Court of Appeals has denied a certificate of appealability (COA) to, and dismissed the appeal of the habeas corpus petition of a Wyoming state prisoner housed in a private Colorado prison. In so ruling, the appeals …
Article • May 15, 2007
Texas Granted Only Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system unconstitutional. The stayed portions included: (1) requiring single celling of prisoners; (2) …
Article • May 15, 2007
Texas Granted Second Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system (TDC) unconstitutional. This was the second stay request by Texas. The Fifth …
Article • May 15, 2007
Fifth Circuit Holds Conditions in Texas Prisons Unconstitutional by Fifth Circuit Holds Conditions In Texas Prisons Unconstitutional In a class-action suit joined by the U.S., a Texas federal district court found conditions of confinement in the Texas prison system (TDC) to be unconstitutional and ordered sweeping reforms and the appointment …
Portion of Ruiz Appeal Vacated by The court of appeals for the Fifth Circuit vacated a portion of its opinion in the Ruiz case on motion for rehearing filed by the prisoners. After the case was briefed and argued, but before the court of appeals issued an opinion, the parties …
Article • May 15, 2007
Modification to Ruiz Stipulation Not Abuse of Discretion by Relief was entered in a class-action suit against the Texas prison system (TDC). Following the Fifth Circuit's stay of the provision of the Ruiz stipulated decree prohibiting even properly supervised prisoners from possessing keys, the district court entered a Stipulated Modification …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
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