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Article • November 15, 2002 • from PLN November, 2002
Attorney Ghost Writing Must Be Disclosed by The Tenth Circuit has held that participation by an attorney in drafting otherwise pro se appellate briefs is per se substantial legal assistance and must be acknowledged by the attorney's signature. The case arose as a landowner's dispute wherein Arthur Duran sued Dean …
Article • November 15, 2002 • from PLN November, 2002
The Parents' Project Advocacy for Incarcerated Fathers: What's Missing? by Denise Johnston Denise Johnston & Michael Carlin T.L. had a son with a woman who lived in another part of his home state. He had little contact with the woman after the baby's birth, and never met her family. When …
Article • November 15, 2002 • from PLN November, 2002
From the Editor by Paul Wright Subscribers should soon receive PLN's annual fund-raiser mailing. If you can afford to make a donation to help sustain and expand PLN's work, please do so. PLN relies almost exclusively on reader support to continue publishing. Subscriptions account for only a portion of the …
Article • November 15, 2002 • from PLN November, 2002
Michigan Visiting Ruling Upheld by In an opinion as strongly worded as the District Court opinion it reviewed, the Sixth Circuit Court of Appeals has upheld a Federal District Court ruling striking down the Michigan Department of Corrections (DOC) severe visiting restrictions as unconstitutional. PLN reported the District Court decision …
Article • November 15, 2002 • from PLN November, 2002
A Sentence of Their Own by Hans Sherrer Directed and Produced by Edgar A. Barens (2001), 64 minutes, VHS video, $125 Review by Hans Sherrer Produced in the form of a home video, A Sentence of Their Own documents the negative impact of a man's 1996 seven-year prison sentence on …
Article • November 15, 2002 • from PLN November, 2002
New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton The 2001 revisions to New York's so-called "Son of Sam" law, which now allows …
Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating by Sgt. Patricia Pultz and deputies Lawrence Koscianski and William Spatz of the Cook County, Ill. sheriff's dept. were acquitted on March 12, 2002 in the murder of Louis Schmude. Prosecutors allege Schmude's death on May 7, 2000, …
$275,000 Awarded in Stun Belt Settlement by The Ninth Circuit Court of Appeals partially reversed a preliminary injunction order that had enjoined the Los Angeles County Sheriff from using a stun belt on prisoners. After remand, a settlement for $275,000 and a change in policy was reached. Ronnie Hawkins, a …
Judge Approves $9.6 Million Settlement in DC Jail Employees' Sexual Harassment Suit by Lonnie Burton In January 2002 U.S. District Judge Royce C. Lamberth gave final approval for disbursement of $9.6 million from the settlement of a class-action sexual harassment lawsuit brought by female employees of the Washington D.C. Department …
Article • November 15, 2002 • from PLN November, 2002
Filed under: News, News in Brief
News in Brief by Brazil: On September 15, 2002, the state of Sao Paulo closed the notorious Catandiru prison in Sao Paulo. The 46 year old prison had been Latin America's largest, with more than 8,000 prisoners held in a space designed for 3,250. Its long history of violence included …
Article • November 15, 2002 • from PLN November, 2002
Mexico Bars Extradition of Criminals Facing Life Sentences by A ruling by the supreme court of Mexico has blocked the extradition of more than 70 murderers, drug smugglers and organized crime figures who face life sentences in U.S. prisons. The high court's decision, handed down in October 2001 and published …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial by A Connecticut Federal District Court has ordered that a state prisoner's Eighth Amendment claims arising from Connecticut Department of Corrections (CDOC) officials' deliberate indifference of his severe medical conditions be severed and that some of the claims proceed …
Article • November 15, 2002 • from PLN November, 2002
Washington Pretrial Detainees Have Right to Access Courts by The Washington State Court of Appeals held that Washington prisoners have a greater right to access to the courts than the federal constitution provides, and that right extends to pro se pretrial detainees. Matthew Silva was charged with taking a car …
Article • November 15, 2002 • from PLN November, 2002
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes by Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended …
Prison Guards Can Be Liable for Prisoner Suicide by The Seventh Circuit Court of Appeals has reversed and remanded the dismissal of a 42 U.S.C. §1983 suit against Wisconsin prison officials. In so ruling, the court held that prison guards can be held liable under Eighth Amendment "deliberate indifference" claims …
Article • November 15, 2002 • from PLN November, 2002
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling by Gary Hunter The 5th Circuit court of appeals, in accord with a recent U.S. Supreme Court decision, held that administrative exhaustion is required in all prisoner cases, regardless of the relief sought. It held that cases pending at the time …
Article • November 15, 2002 • from PLN November, 2002
Defendants' Convenience Justifies Transfer of Venue by California Department of Corrections (CDC) defendants successfully moved to transfer the original venue of a prisoner's civil rights lawsuit to another district - based upon convenience. Lisa Williams, a prisoner at Valley State Prison for Women (VSPW) near Fresno, CA sued prison officials …
Article • November 15, 2002 • from PLN November, 2002
Plaintiff's Disability Impacts Venue by A federal district court in New York held that a plaintiff's physical disabilities were relevant in deciding which court should hear his case. Ambroz Nikac is a wheelchair bound paraplegic who was arrested on federal weapons and stolen property charges. He spent ten months in …
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