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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, …
Article • November 15, 2003 • from PLN November, 2003
Expert Testimony Required in Alaska Medical Suits by The Alaska Supreme Court held that pro se litigants are not entitled to judicial advice as to the ramifications of every decision made during the course of litigation. That court affirmed the trial court's summary dismissal of the pro se plaintiff's medical …
Washington Supreme Court Upholds Denial of Negligent Parole Supervision Claim by The Washington State Supreme Court upheld a trial court's judgment for the State in a negligent parole supervision case, brought by a woman who was abducted and raped by a paroled sex offender. In 1993, Byron Schref was paroled …
Article • November 15, 2003 • from PLN November, 2003
First Circuit Reverses 12(b)(6) Dismissal in Jail Rape Case by The United States Court of Appeals for the First Circuit reversed a district court's Rule 12(b)(6) dismissal of a failure to protect action, holding that the complaint sufficiently stated a claim for failure to protect. On August 30, 1999, Jesus …
Article • November 15, 2003 • from PLN November, 2003
Confinement for Nonpayment Without Willfulness Violates Due Process by Confinement for Nonpayment Without Willfulness Violates Due Process, Washington Courts Have 10 Years to Collect Fines The Supreme Court of the State of Washington, sitting en banc, held that defendants cannot be jailed for failure to pay fines, in the absence …
Trial Required in Pennsylvania Guard Beating by John E Dannenberg by John E. Dannenberg The Third Circuit U.S. Court of Appeals held that summary judgment for defendant prison guards was inappropriate without a trial to develop the facts, in a case where a prisoner claimed he was viciously beaten by …
Unauthenticated Evidence Does Not Support Summary Judgment by by Matthew T. Clarke A Texas state court of appeals held that the trial court's granting of TDCJ's motion for summary judgment was error because photocopies of prison rules attached to the motion were not authenticated. Richard Allen Kleven, II, a Texas …
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