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Article • February 15, 2005 • from PLN February, 2005
AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E Dannenberg AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that for 28 U.S.C. § 2254 habeas corpus filing-deadline purposes, the AEDPA one-year filing …
Article • January 15, 2005 • from PLN January, 2005
Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby Massachusetts Court Enjoins Sheriff from Charging Jail Prisoners Assorted Fees by Michael Rigby The sheriff of Bristol County, Massachusetts, has been enjoined from gouging prisoners and their families on jail service fees in accordance with his Inmate …
Article • January 15, 2005 • from PLN January, 2005
Misidentification Requires Washington Jail Officials Take Reasonable Steps to Confirm Identity by The Washington State Supreme Court has held jail personnel have a duty to take steps to promptly release a detainee once they know or should know, based on information provided to them that the person they are holding …
Article • January 15, 2005 • from PLN January, 2005
Non-Contact Visits for Pennsylvania Sex Offenders Upheld by The Pennsylvania Court of Appeals held that a convicted sex offender confined at the State Correctional Institution at Waymart (SCI-Waymart) did not have a right to contact visits with minor children. Jeffrey Garber, a prisoner of the Pennsylvania Department of Corrections (PDOC) …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by John E Dannenberg Section 1983 May Be Used To Challenge Disciplinary Hearings Not Affecting Total Length of Confinement by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals joined four other circuits in holding …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
Article • January 15, 2005 • from PLN January, 2005
Public and Press Have First Amendment Right to Access Court Docket Sheets by David Reutter by David M. Reutter The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
Article • January 15, 2005 • from PLN January, 2005
Prisoner Stated Deliberate Indifference Claim, But Summary Judgment Denial Reversed by Prisoner Stated Deliberate Indifference Claim, but Summary Judgment Denial Reversed In a case with a long, unusual procedural history, the U.S. Sixth Circuit Court of Appeals affirmed a federal district court's denial of prison officials' motion to dismiss for …
Brief • January 5, 2005
Williams v. Clinch County, GA, Motion for Class Certification, Jail Fees, 2005
Article • December 15, 2004 • from PLN December, 2004
Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit by In a 6-5 decision marked by a plurality opinion and a strongly-worded dissent, the en banc Seventh U.S. Circuit Court of Appeals reversed the U.S. District Court, Western District of Wisconsin, and held that provisions of the Prison …
Article • December 15, 2004 • from PLN December, 2004
New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations by John E Dannenberg by John E. Dannenberg The Third U.S. Court of Appeals held that legitimate cost and convenience factors supported the New Jersey Department of Corrections' (NJDOC) decision to provide the 280 observant Muslims with only vegetarian Halal (Islamic ritually …
Article • December 15, 2004 • from PLN December, 2004
Washington Supreme Court Rejects Federal Mail-Box Rule by The Washington State Supreme Court has rejected the federal mail-box rule, under which pro se prisoners' pleadings are deemed filed when they are given to prison officials for mailing to the court. This ruling was based on differences between state and federal …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
PAMII Requires Records Release in Connecticut Prisoners' Deaths by A Connecticut federal district court held that the State of Connecticut Office of Protection and Advocacy for Persons with Disabilities (Connecticut P&A), a state agency designated by Connecticut's Governor to provide protection and advocacy services to individuals with disabilities, including persons …
CMS Must Pay $1.75 Million in Illinois Jail Suicide by John E Dannenberg CMS Must Pay $1.75 Million In Illinois Jail Suicide by John E. Dannenberg Correctional Medical Services (CMS), a private contractor providing all medical and mental health services at the Lake County, Ill. Jail, was ordered by a …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics: The Pro Se Complaint by Daniel E. Manville by Daniel Manville The last column in the September, 2004, issue of PLN discussed "Proceeding In Forma Pauperis."2 That article explains that a prisoner is usually required to pay a partial filing fee before the complaint will …
New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit by Michael Rigby On May 3, 2004, a federal jury in Manhattan awarded $7.65 million to a New York prisoner who was nearly killed when another prisoner attacked him with a razor. The plaintiff had alleged in his civil rights …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Article • December 15, 2004 • from PLN December, 2004
Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit by The Seventh Circuit Court of Appeals held that a prisoner's complaint need only state the prisoner's legal claim together with some indication of the time and place: detailed facts need not be supplied. Brian K. Thomson, an Illinois …
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