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Article • May 15, 2007
No Court Access Claim for Loss of Legal Papers by The plaintiff alleged that his legal papers were lost, preventing him from making important submissions in his criminal appeal (in which he had counsel) and "perhaps" causing the loss of the new trial he obtained. At 261: "Interferences that merely …
Article • May 15, 2007
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
Article • May 15, 2007
Cover Up of Police Misconduct May Violate Court Access Rights by Allegations that after a drunken police officer ran over the decedent, other police officers conspired to select a sobriety test the officer might beat, delayed administration of the test, intimidated witnesses, and destroyed material evidence at the crime scene, …
Legal Aid Lawyers Entitled to Fees in Jail Conditions Suit by Idaho jail prisoners filed suit over jail conditions. The jail was a converted house with rat droppings and a leaking sewage pipe in the kitchen, fire hazards caused by lack of exits, no law library access, including items such …
Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Destruction of Court Papers States Claim by The court of appeals for the Seventh circuit held that an Illinois state prisoner had stated a claim for violation of his right to due process when jail guards destroyed court papers he needed to seek post conviction relief. Lower court erred in …
Article • May 15, 2007
Filed under: Court Access, Photocopies
No Right to Free Photocopies by The court of appeals for the Tenth circuit held that an Oklahoma BOP prisoner did not have a right to free photocopying for filing legal documents. In this case the BOP charged 10 cents per copy and would debit the prison trust accounts of …
Article • May 15, 2007
No Right to Copies of Cases when Law Library Access Available by No Right to Copies of Cases When Law Library Access Available The court of appeals for the Eleventh circuit held that a Florida prisoner had no right to be provided with photocopies of court cases as long as …
Article • May 15, 2007
Prisoner Entitled to Possess Disciplinary Reports before Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to receive, and keep possession, of disciplinary reports at least 24 hours before the scheduled hearing. Giving the prisoner the reports, then taking them from …
Article • May 15, 2007
Prisoners in Protective Custody Entitled to Law Library Access by A federal district court in Tennessee held that prisoners in protective custody were entitled to law library access to ensure their right of access to the courts. This ruling does not survive Lewis v. Casey, 518 US 343 (1996) unless …
Article • May 15, 2007
NJ Death Row Prisoners Entitled to Court Access by A federal district court in New Jersey issued a Preliminary Injunction to provide death row prisoners in that state with access to paralegals and legal materials to ensure their right of access to the courts. This probably does not survive Lewis …
Article • May 15, 2007
Late Notice of Appeal Allowed when Prison Officials Don't Provide Paper by Late Notice of Appeal Allowed When Prison Officials Don't Provide Paper A federal district court in New York held that a notice of appeal rejected by the court clerk because it was typed on the wrong size paper …
Article • May 15, 2007
Texas Jailhouse Lawyer Prohibition Unconstitutional by The United States Court of Appeals for the Fifth District held that a single judge could determine whether or not the Texas DOC's rules and practices prohibiting prisoners from giving or receiving legal assistance from one another, "in habeas corpus and other general civil …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Article • May 15, 2007
Wisconsin Court Access and Conditions Claims Remanded by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's summary judgment dismissal of a prisoner's conditions of confinement complaint for failure to state a claim, remanded his access to courts claim because genuine issues of material fact had …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Article • May 15, 2007
New Jersey Statute Barring Prisoner Lawsuits Struck Down by The U.S. District Court for the District of New Jersey held that a New Jersey statute (N.J.S.A. 59:5-3) barring initiation of any court action, "by or on behalf of a prisoner against a public entity or public employee until such a …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
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