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Alabama Judge Resigns Amid Prisoner Spanking Allegations and Judicial Improprieties by In the face of a looming ethics trial and allegations that he spanked male prisoners, Alabama's Mobile County Circuit Judge Herman Thomas has resigned. Thomas had been on paid suspension since March 2007 while he awaited an October 29 …
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled …
Tennessee Public Records Act Requires Fees For Copying, Production by Pro se Tennessee State prisoner Omawali Shabazz, aka Fred Dean, appealed a 1999 ruling denying certain documents and requiring fees for others. Dean had brought an action to compel the production of documents from various Tennessee Department of Corrections personnel, …
Warrantless Arrest Warrants Prompt Probable Cause Hearing, Abused Innocent Detainee Prevails by Mistakenly accused Chicago resident Joseph Lopez was arrested with probable cause after a witness identified him in a shooting that killed a 12 year old boy. After the actual murderer confessed, Lopez filed suit for constitutional violations. The …
Article • December 15, 2007
Charging Excessive Fees Preparing, Producing Records Prohibited Under Freedom Of Information Act by The South Carolina Civil Justice Coalition (CJC) probed the Office of the Attorney General (AG) for an opinion regarding excess fees for requesting documents under the Freedom of Information Act (FOIA) and clarification as to who determines …
Article • December 15, 2007
Kentucky Prisoners Requesting Account Statement Must Pay Required Fee by Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment …
Article • December 15, 2007
Alabama Prisoners Must Be Afforded Access To The Courts by The Alabama Court of Civil Appeals ruled a lower court abused its discretion when it dismissed a prisoner's civil action for failure to prosecute, despite pending motions moving for three alternatives for the prisoner to access the court. Alabama state …
Article • December 15, 2007
West Virginia Supreme Court Rules on Litigious Prisoners by John Dannenberg by John E. Dannenberg The West Virginia Supreme Court of Appeals reacted to what the Randolph County court perceived to be overly aggressive pro per habeas litigation by two state prisoners. At issue ultimately was the tension between the …
Histrionics Lesson - Phoenix New Times article on Public Records suit against Sheriff Arpaio by John Dougherty Histrionics Lesson Again, a judge bends over and allows Sheriff Joe Arpaio to sneer at Arizona's public records law By John Dougherty Published: August 11, 2005 Superior Court Judge Michael D. Jones should …
Article • October 15, 2007 • from PLN October, 2007
Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records by David Reutter Florida Supreme Court Enacts Rules Regulating "Super Sealing" of Court Records by David M. Reutter On April 5, 2007, the Florida Supreme Court implemented new rules that "provide a procedural vehicle for making circuit and county …
Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Seminole County Jail Settles Strip Search Suits; Judge Removed From Bench by A settlement has been reached in a class action lawsuit involving persons arrested in open court and illegally strip searched upon arrival at Florida?s Seminole County Jail. The suit was filed after the plaintiffs were arrested for failure …
Article • July 15, 2007 • from PLN July, 2007
Florida Newspaper Revokes Permission to Post Article Critical of Judge by Shortly after the Miami Daily Business Review (DBR) was designated as ?the record newspaper for Courthouse publications,? the DBR revoked permission for an unflattering article about Broward County?s Chief Judge Dale Ross to be posted on a defense attorney …
Michigan Prisoner Boycotts Rape Trial, Still Acquitted by Facing a sexual assault trial of a fellow prisoner is a pretty serious felony, making one think they would want to be present during the trial. Feeling he could not get a fair trial, Charlie Lee Floyd, 46, boycotted that trial. Despite …
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