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Article • December 15, 2003 • from PLN December, 2003
Secret Court Docket Practice Exposed by by David M. Reutter and Paul Wright One of the founding principles of the United States judiciary system is the right of access by the public and press. In their infinite wisdom, the authors of the Bill of Rights placed that principle within the …
Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on VA DOC Medical Care by Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on Virginia DOC Prisoner Medical Care by Matthew T. Clarke In May 2003, the American Civil Liberties Union (ACLU) of Virginia issued a report on the status of …
Article • December 15, 2003
Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense by Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense A Pennsylvania federal district court treated a pro se prisoner plaintiff's letter as a motion seeking subpoena …
New Jersey: Prisoner Attacked, Rendered Quadriplegic, Settles For $9,700,000 by A former prisoner in the Burlington County (New Jersey) Jail, rendered quadriplegic when his neck was broken in an attack by another prisoner, settled with the county and state individually for a combined total of $9,700,000. Timothy Ryan, 32, was …
Article • December 15, 2003
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds in Damages by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according to information provided to the Belfast Telegraph under the Freedom of Information Act. The highest total payout was more than half …
Article • December 15, 2003
Class Certification in Texas Jail Court Access Case by The Fifth Circuit Court of Appeals reversed a U.S. District Court for the Western District of Texas that refused to grant class certification of a suit brought by indigent prisoners of the Bexar County Jail in Texas regarding the inadequacy of …
Article • December 15, 2003
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
BOP Proper Defendant in Work Release Change Suit under ADA by The plaintiffs are criminal defendants who received judicial recommendations that they serve their sentences in a community corrections center, but were denied such placement pursuant to the Department of Justice's abruptly announced change of policy barring it except for …
Filing • December 10, 2003
PLN v. Hood, et al., CO, Complaint, censorship, 2003
Brief • December 10, 2003
PLN v. Hood, et al., CO, Complaint, censorship, 2003
Article • November 15, 2003 • from PLN November, 2003
Washington Mail Ruling Published by We reported in the September 2003 issue on a suit brought by PLN where the court issued permanent injunctions ordering the Washington DOC to deliver all bulk mail and catalogs sent to Washington prisoners and to provide due process to the sender and intended recipient …
Article • November 15, 2003 • from PLN November, 2003
Pro Se Tips and Tactics: Magistrate Judges in Federal Courts by John Midgley If you are representing yourself in federal court, you should become familiar with how prison cases may be handled by magistrate judges. This column looks at magistrate judge authority in federal cases, and at a recent Supreme …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • November 15, 2003 • from PLN November, 2003
Texas Doesn't Have to Pay Interest on Trust Fund Accounts by by Matthew T. Clarke The Fifth Circuit Court of Appeals has ruled that the Texas Department of Criminal Justice (TDCJ) does not violate the Takings Clause by failing to pay prisoners the interest it earns on their trust fund …
Court Reporter Jailed for Botching VitaPro Trial Transcripts; Convicted Prison Chief Still Free by The latest development in the unsavory Texas VitaPro scandal is the jailing of a court reporter for botching the transcripts in the VitaPro trial. In 1995, George W. Bush was the governor of Texas and James …
Phoenix Sheriff Arpaio Liable for Tent City Assault, Prisoner Awarded $635,532 by The Arizona Court of Appeals upheld a jury verdict awarding a prisoner compensatory damages totaling $440,532 and punitive damages totaling $195,000, against Maricopa County, Sheriff Joseph Arpaio, his wife, and other defendants, for failing to protect him from …
Article • November 15, 2003 • from PLN November, 2003
Jury Awards $1.75 Million Against CMS in Illinois Jail Suicide by Correctional Medical Services (CMS), a private provider of medical services to jails and prisons, lost a jury verdict in a case brought by a former Lake County, Illinois, Jail prisoner's estate alleging that CMS violated the prisoner's constitutional rights, …
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