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Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Article • May 15, 2007
Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody by Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody The U.S. Court of Appeals for the Seventh Circuit held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought …
Article • May 15, 2007
Restrictive Policies Violate Rights of Protective Custody Prisoners by The U.S. District Court, N.D. Illinois, held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought a § 1983 action against prison officials alleging violations of their rights to free exercise …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
Retaliatory Transfer for Assisting Prisoners with Litigation States Claim by The Court of Appeals for the Ninth Circuit held that a California prisoner stated a claim of retaliation that should not have been dismissed on the lower court's summary order before process was served on the defendants. The plaintiff alleged …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Article • May 15, 2007
Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed by Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed The United States District Court for the Eastern District of Virginia, Alexandria Division, granted summary judgment against a prisoner's § 1983 action in which he claimed harassment, denial of access to …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Article • May 15, 2007
COA Denied; Stun Belt Claim Barred by Teague v. Lane by The U.S. Fifth Circuit Court of Appeals denied a certificate of appealability (COA) from a Texas state prisoner's denial of habeas corpus relief, 28 U.S.C. § 2254, on grounds that the prisoner was not denied a fair trial and …
Article • May 15, 2007
Policy Requiring Court Order For Law Library Access Unconstitutional by The U.S. Court of Appeals for the Eleventh Circuit held that a Sarasota County (Florida) Jail policy requiring a prisoner to obtain a court order before being permitted to use the jail law library was unconstitutional. Plaintiff was arrested on …
Article • May 15, 2007
Judgment Vacated in Aikens v. Lash by The Supreme Court granted certiorari, granted respondents leave to proceed in forma pauperis, and vacated and remanded the Seventh Circuit's decision in Aikens v. Lash, 54 F.2d 55 (7th Cir. 1975), a case in which segregated Indiana state prisoners were given the right …
Article • May 15, 2007
Lay Advocate Case Affirmed in Part by In an unpublished opinion, the Seventh Circuit court of appeals affirmed in part, reversed in part, and remanded an Indiana case requiring that prisoners in segregation be given a lay advocate during disciplinary transfer hearings. There are numerous other opinions in this case …
Article • May 15, 2007
Prisoners' Motion and Petition Granted, Judgment Vacated by Prisoners in the Bexar County (Texas) Jail filed a suit under 42 U.S.C. § 1983, alleging of inadequate access to law books. The district court summarily dismissed the suit and the Fifth Circuit refused to docket the appeal because the prisoners had …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Court Grants New Trial to Uneducated Pro Se Litigant by A federal district court has granted a new trial to a pro se litigant, who quit school in the tenth grade and displayed during trial a lack of legal knowledge and limited skills, after the jury entered judgment for the …
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