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Article • June 15, 2004 • from PLN June, 2004
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Damages, Costs
Common Fund Required for Incentive Award by The Sixth Circuit Court of Appeals held a named class representative may not receive an incentive award unless a common fund is established. Prisoner C. Pepper Moore, who was named a class representative in 1988 in Hadix v. Johnson, which was a class …
Injunctive Relief Granted for Parole Rescission Based on Free Speech by Injunctive Relief Granted for Parole Rescission Based on Free Speech U.S. District Judge Joseph E. Irenas of New Jersey recently granted Edward Forchion's request for a preliminary injunction reinstating him to New Jersey's Intensive Supervised Parole (ISP) pending trial …
Article • June 15, 2004 • from PLN June, 2004
Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams Consent Decree Entered in Unconstitutional BOP Parole Revocation Procedures by Bob Williams The United States District Court for the District of Columbia has approved a Consent Decree correcting unconstitutional parole revocation procedures of the United States Parole Commission …
Plaintiff Entitled to Trial on Question of Whether Mental Illness Warrants Tolling Statute of Limitations by The United States Court of Appeals for the First Circuit recently held that a mentally ill woman presented sufficient evidence to warrant a trial on her claim that mental illness prevented her from filing …
Publication • 2004
A Case Study of LaMarca v. Turner, Karen Paik, 2004 LaMarca v. Turner ™ V • • • • • • Hfl • • PC-FL-007-038 Rethinking the Use of Class Actions to Combat Inmate-on-Inmate Sexual Assault: A Case Study of LaMarca v. Turner Karen Y. Paik Karen.Paik@post.harvard.edu (760) 492-4222 May …
Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine by Matthew T. Clarke On August 23, 2003, the Supreme Court of Tennessee (SCTN) held that 30-days punitive segregation followed by administrative segregation of unstated duration were …
Article • May 15, 2004 • from PLN May, 2004
Indiana Appeals Court Allows Prisoner to Sue to Receive Pornography by The Court of Appeals of Indiana, partly reversing the Marion Superior Court, held that an Indiana Department of Corrections (DOC) prisoner can sue the DOC for its refusal to let him receive pornographic material. Jerry Montgomery is a DOC …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner by The U.S. Third Circuit Court of Appeals reversed the U.S. District Court (New Jersey) on its dismissal of a pretrial detainee's state law medical malpractice claims and summary judgment for jail defendants of the detainee's claims under 42 …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Absence of AEDPA in Texas Law Library May Toll Limitations by by Matthew T. Clarke The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
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