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Brief • August 23, 2004
Tutwiler v. Thompson, Al, Women Prisoner Class Action, Opinion, 2004 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LINDA LAUBE, et al., ) ) ) ) ) ) ) ) ) Plaintiffs, v. DONAL CAMPBELL, et al., Defendants. CIVIL ACTION NO. 2:02cv957-T …
Brief • August 23, 2004
Levi v Dc Release Foia Request Med Neglect 2004 RELEASE KNOW ALL MEN BY THESE PRESENTS, That T, Bernard S. Levi, residing at FCI Schuylkill, P.O. Box 759, in the City of MinersviIIe, Pennsylvania 17954, with Social Security Number• • • _ for consideration of the sum of Two Thousand …
Brief • August 23, 2004
Clark-murphy v Gilman Mi Wrongful Death by Dehydration Complaint 2004 Case 4:04-cv-00103-AJT Document 4 Filed 08/23/2004 Page 1 of 16 Case 4:04-cv-00103-AJT Document 4 Filed 08/23/2004 Page 2 of 16 Case 4:04-cv-00103-AJT Document 4 Filed 08/23/2004 Page 3 of 16 Case 4:04-cv-00103-AJT Document 4 Filed 08/23/2004 Page 4 of 16 …
Brief • August 18, 2004
Martinez v Oxnard Police Department Ca Ex Parte Application for Order Scheduling Order Modification 2005 1 R. Samuel Paz (Bar Number 62373) LAW OFFICES OF R. SAMUEL PAZ 2 Sonia M. Mercado (Bar Number 117069) SONIA MERCADO & ASSOCIATES 3 Buckingham Heights 5601 West Slauson Ave., Suite 280 4 Culver …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • August 15, 2004 • from PLN August, 2004
Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity by Intentional Delay to Prevent Prisoner's Suicide Precludes Qualified Immunity The Eighth Circuit Court of Appeals held a guard's delay to prevent a prisoner's suicide is deliberate indifference to serious medical needs. This action was brought by the mother of South …
Article • August 15, 2004 • from PLN August, 2004
Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests by Washington Agencies Must Explain Reasons for Denying Public Disclosure Requests Division II of the Washington State Court of Appeals has reversed a trial court's dismissal of an action challenging the state Department of Corrections' (DOC) denial of a request …
Article • August 15, 2004 • from PLN August, 2004
Filed under: News, News in Brief
News in Brief by Argentina: In May, 2004, army Lt. Colonel Guillermo Bruno Laborda, 50, was arrested after he complained about not being promoted to full colonel. In his letter of complaint, Laborda gave details of personally murdering political prisoners on orders from his superiors and setting their bodies on …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Telephones, Telephone Rates
Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge by Virginia SCC Without Jurisdiction to Hear Prisoner Phone Rate Challenge The Virginia Supreme Court, in an un-published opinion, has held the State Corporation Commission (SCC) does not have jurisdiction to hear challenge to prisoner phone rates. Virginia Department of …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Sentencing, Parole
Washington Court Establishes Procedures for Community Placement Violation Hearings by Washington Court Establishes Procedures for Community Placement Violation Hearings In two recent decisions, Division One of the Washington Court of Appeals set forth the procedures that trial courts must follow when conducting sentence modification hearings. A sentence modification hearing is …
Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E Dannenberg Tenth Circuit Holds Prisoner Has Burden Under PLRA To Plead Administrative Exhaustion by John E. Dannenberg Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
Article • August 15, 2004 • from PLN August, 2004
Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams In a case of first impression, the Third Circuit has held that the mailbox rule applies to administrative forfeiture proceedings. The Court also held that the failure to apply the …
Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems by Michael Rigby An outbreak of staph infection, the delayed treatment of a brain tumor, and a preventable heart attack are just a few of the problems Tennessee prisoners have faced while in the care of private contractors. In September …
Article • August 15, 2004 • from PLN August, 2004
Two Courts Interpret Provisions of Federal Appellate Rule 4; Prisoner Appeals Dismissed as Untimely by Two different federal circuit appeals courts have interpreted provisions of Federal Rule of Appellate Procedure 4, which relates to the filing of notices of appeal. Both courts held the prisoners failed to comply with the …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Commentary/Reviews, Reviews
2004 Supplement to the California State Prisoners Handbook by John E Dannenberg 2004 Supplement to the California State Prisoners Handbook by Fama, McKay, Snedecker, Smith and the Prison Law Office, 230 pp. Reviewed by John E. Dannenberg A 230 page Supplement to The California State Prisoners Handbook has been released, …
Article • August 15, 2004 • from PLN August, 2004
No Qualified Immunity in Jail Suicide Attempt by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity to a police officer on a claim of deliberate indifference to an Illinois pretrial detainee's suicide risk. On June 4, 1998, Steven Cavalieri kidnapped his former girlfriend, Stephanie Rouse, and …
Article • August 15, 2004 • from PLN August, 2004
The Complicity of Judges in Wrongful Convictions by Hans Sherrer The Complicity of Judges In Wrongful Convictions by Hans Sherrer I. Introduction Wrongful convictions do not occur in a vacuum of judicial indifference. Every wrongful conviction results from a deliberative process involving law enforcement investigators, prosecutors, and one or more …
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