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Article • June 15, 2001 • from PLN June, 2001
Louisiana Prison Activist Freed by On February 8, 2001, Robert King Wilkerson, one of the prisoners known as the Angola 3, was released from the Louisiana State Penitentiary in Angola, Louisiana after spending twenty-nine years in solitary confinement for a crime he did not commit. Wilkerson, 57, was convicted of …
Article • June 15, 2001 • from PLN June, 2001
Arbitrary Denial of Michigan Appeal Bond Enjoined by A federal District Court in Michigan has enjoined prison officials from incarcerating Joseph Puertas for drug convictions. Puertas obtained the preliminary injunction in a habeas corpus action under 28 U.S.C. § 2241 after state courts arbitrarily denied his request to remain free …
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Costs
Costs Allowed Only by Court Order by Costs Allowed Only By Court Order The Second Circuit Court of Appeals granted a pro se prisoner's Motion to Disallow Costs, holding that even under the Prison Litigation Reform Act, (PLRA), the assessment of costs remains within the discretion of the court and …
Article • June 15, 2001 • from PLN June, 2001
Second Circuit Holds Staged Perp Walks Unconstitutional, Grants Qualified Immunity by The court of appeals for the Second Circuit has held that staged "perp walks" are unconstitional violations of an arrestee's Fourth Amendment's rights. However, the Second Circuit also held that the law was not sufficiently established in September 1995 …
$9.6 Million Awarded for Child Death in Illinois Jail by On October 19, 2000 a Cook County jury in Chicago, Illinois awarded $9.6 million to the estate of Joyce Hughes, who died from injuries she sustained after she was born in a cell in the Cook County Jail near Chicago …
Article • June 15, 2001 • from PLN June, 2001
No Forfeiture Notice Violates Due Process by An en banc majority of the Third Circuit Court of Appeals held that due process is violated when notice of a pending administrative forfeiture proceeding is not sent directly to a pretrial detainee when the detainee's actual whereabouts can be determined. A panel …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Article • June 15, 2001 • from PLN June, 2001
Prisoner Defendants Entitled to Notice of Summary Judgment Requirements by The court of appeals for the Ninth circuit held that pro se prisoner litigants who are being sued are entitled to notice from the court on the requirements of summary judgment to ensure the prisoner adequately responds to the moving …
Guards Use Shotguns to Control Riot by Guards Use Shotguns To Control Riot Guards used shotguns loaded with rubber pellets to break up a riot at Wallens Ridge Prison in Virginia. On Sunday December 3rd, in a deliberate violation of prison procedure, prisoners returning from lunch left the sidewalk and …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Unlawful Imprisonment Nets Ohio Man $25,000 by In late 2000 ex-Ohio state prisoner Ricky Carter, 44, agreed to accept a $25,000 award to compensate him for being incarcerated over 13 months past his release date. Carter, who was due to be released March 15, 1998, was instead illegally held until …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Right to Appear at Civil Court Hearings by An appeals court in Texas has held that Texas prisoners have the right to appear-either in person, by affidavit, by depostition, by telephone, or by teleconferencingat court hearings in civil cases. Richard Owen Taylor, a Texas state prisoner, filed …
Washington Media Royalties Sentencing Condition Reversed by A Washington State Court of Appeals modified the sentence of childrapist Mary R. Letourneau by striking a requirement that inperson contact with her own children be supervised and lifting the prohibition on her profiting from any commercialization related to her crimes. In early …
Prison Doctor Wins $654,471 in Retaliation Suit by John E Dannenberg Prison Doctor Wins $654,471 In Retaliation Suit by John E. Dannenberg Dr. Terence Allen, prison physician at Halawa (Hawai'i) prison, was awarded $111,000 in damages plus $543,360 in attorney fees/costs against prison officials who retaliated against him for speaking …
Article • June 15, 2001 • from PLN June, 2001
Minnesota Prison Cited For Asbestos Infractions by A Minnesota prison received nine citations and was fined over $18,000 for violations involving cancercausing asbestos. The judgment levied against Faribault prison, in November 2000, by Minnesota Occupational Safety and Health Division, came as a result of disgruntled employees who say they have …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Brief • June 7, 2001
Prison Legal News v. Cook, OR, Motion for Attorney's Fees, Censorship, 2001 Iol ~ c I~J '\II ~ \Q) \ri\ JUH0110m Arthur E. Sc hmi dt, ass 87401 OREGON LAW CENTER SAMUEL J. Sl\LlNEA 813 SW Alder, #500 Portland, OR 97205 Tel: (503) 295· 2760 Fax: ( 503) 295-0676 Allolney …
Case • 2001
Abdul-Akbar v. McKelvie - 239 F.3d 307 (3rd Cir. 2001)(en banc) - 2001 Abdul-Akbar v. McKelvie, 239 F.3d 307, 239 F.3d 307 (3d Cir. 01/29/2001) [1] U.S. Court of Appeals, Third Circuit [2] No. 98-7307 [3] 239 F.3d 307, 239 F.3d 307, 2001 [4] January 29, 2001 [5] DEBRO S. …
Case • 2001
Lee v. County of Los Angeles - 250 F.3d 668 (9th Cir. 2001) - 2001 Lee v. City of Los Angeles, 250 F.3d 668 (9th Cir. 05/04/2001) [1] U.S. Court of Appeals, Ninth Circuit [2] No. 98-55807 [3] 250 F.3d 668, 2001, 56 Fed. R. Evid. Serv. 698, 20 NDLR …
Case • 2001
Lopez v. Corrections Corporation of America - USDC NM, Case No. 00CV00366 - 2001
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