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Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to …
Compassionless Conservative Texas Judge Closes Court Promptly, Ensuring Execution by Matthew Clarke by Matt Clarke Sharon Keller, 54, presiding judge of the Texas Court of Criminal Appeals, has come under sharp criticism for refusing to keep the court open twenty minutes past its usual closing time to permit a late …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Article • July 15, 2008
Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner by Colorado State pro se prisoner Bobbie Pruitt appealed his court-dismissed information request from the Colorado Department of Corrections (DOC) under the Colorado Open Records Act (CORA). The trial court ruled that the information was not "public record." On …
Junk Bonds to Junk Science? Drug Treatment Program Questioned by Greg Dober by Gregory Dober What was worth approximately $554 million in 2007 and is valued at about $94 million today? The correct answer is the stock market value of a firm formerly known as Alaska Freightways Inc., a shell …
Article • May 15, 2008 • from PLN May, 2008
When Courts Get it Wrong: Clark v. Beard by Mumia Abu-Jamal by Mumia Abu Jamal When courts decide cases, the most important elements are the law, the facts and how to apply the relevant law to the facts. When courts err in any of these elements the result is usually …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these …
Article • May 15, 2008 • from PLN May, 2008
South Florida Federal Court Censors Online Plea Agreements by Recently, the South Florida federal court system has been removing plea agreements from its online court docket. While a plea agreement is still reflected on the docket sheet, attempts to open the online record result in a notice that the user …
Article • May 15, 2008
Pro Se Criminal Defendant Not Entitled to Law Library Access Above General Population by The plaintiff represented himself in his criminal trial. He had standby counsel advising him. Now he complains that he was not provided adequate legal resources to prepare his defense. The record shows he had access to …
Article • May 15, 2008
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Article • May 15, 2008
Habeas Granted for Defendant Shackled at Trial by A criminal court determined that it would order a criminal defendant shackled during his trial, without establishing a compelling need for the shackling. At 636: "Because visible shackling during trial is so likely to cause a defendant prejudice, it is permitted only …
County Immune for Holding Federal Detainee Without Court Hearing by The plaintiff, a federal detainee held in a county jail, was detained for 12 days before being taken before a judicial officer. The Feds settled. The County could not be held liable because its actions did not cause the deprivation: …
Article • May 15, 2008
Seventh Circuit Discusses Heck and Court Access Claims by The plaintiff sought damages for defendants' hindrance of his efforts to litigate a state court collateral attack on his conviction. The rule of Heck v. Humphrey, "which forbids a convicted person to seek damages on any theory that implies that his …
Article • April 15, 2008 • from PLN April, 2008
Florida Woman Sentenced to Probation for Unauthorized Practice of Law by David Reutter by David M. Reutter A Florida court has sentenced civil rights activist Nancy Jo Grant to 15 years probation, with no possibility of early termination, for practicing law without a license. Grant, 55, was also ordered to …
Article • April 15, 2008 • from PLN April, 2008
Bergen County Jail, New Jersey, Provides Laptops for Legal Research by New Jersey?s Bergen County Jail is entering the 21st century with a revolutionary plan by Sheriff Leo McGuire to provide prisoners with laptop computers to do legal research while in the jail. The 80 laptops?stripped down durable mini-PCs?were purchased …
Article • April 15, 2008 • from PLN April, 2008
$1,825,000 Settlement in Alabama Prisoner’s Death from Flesh-Eating Bacteria by $1,825,000 Settlement in Alabama Prisoner's Death from Flesh-Eating Bacteria The settlement in a prisoner's death from flesh-eating bacteria at Alabama's Mobile Metro Jail now totals $1,825,000. In September 2007, the City of Mobile agreed to pay $375,000 to settle its …
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