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Article • May 15, 2007
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Removal of Property to Separate Legal and Non-Legal Materials Approved by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Iowa, held that removal of a prisoner's property to separate legal from non-legal materials and to then search the non-legal materials outside …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Article • May 15, 2007
Colorado: Limiting Prisoner to One Grievance Per Month Constitutional by The Colorado Court of Appeals held that a state prisoner's right to due process was not violated by his confinement in administrative segregation, nor was he subjected to cruel and unusual punishment. Plaintiff Clovis Green brought an action against prison …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Article • May 15, 2007
$1000 Paid in WA Loss of Legal Material Case by Prisoner Matthew James Griffin filed a 42 U.S.C §1983 action in the Eastern Washington federal district court alleging that he was transported to the intensive management unit of the Walla Walla prison hospital. When his property was brought to him, …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
Summary Judgment Denied in Court Access Retaliation Claim by A federal district court in Pennsylvania held that disputed issues of fact required a trial in a Pennsylvania state prisoner's lawsuit that prison officials had retaliated against him for having filed lawsuits by confiscating his legal papers, which caused him to …
Retaliatory Transfer for Seeking Creation of Law Library Unconstitutional by The Court of Appeals for the Seventh Circuit reversed an Indiana district court's order dismissing a prisoner's § 1983 action alleging alternative theories of retaliation to justify his transfer. The appellate court found that all of the theories might be …
PA Legal Assistance Suit Remanded by The Court of Appeals for the Third Circuit held that the lower court had erred when it dismissed, on summary judgment, a Pennsylvania state prisoner's claims that he was not allowed to assist other prisoners with legal claims, had been denied use of the …
Prisons Required to Provide Law Libraries or Other Legal Aid by The U.S. Supreme Court ruled that prisons must provide prisoners with either adequate law libraries or adequate legal assistance. Prisoners in the North Carolina Department of Correction filed three separate 1983 actions in which they alleged constitutional violations of …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
Publications Ban Unconstitutional by The Fifth Circuit Court of Appeals has held that a ban on publications by a Texas jail was unconstitutional. Stewart Mann was denied access to newspapers and magazines as he awaited trial in the Midland County, Texas, jail. The denial was part of a jail policy …
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 …
Article • May 15, 2007
Filed under: Court Access, Legal Mail
Prison May Not Open Identifiable Legal Mail Outside Prisoner's Presence by The U.S. District Court for the Central District of California held that a prison's practice of opening legal mail that was not labeled in a specific manner, but otherwise readily identifiable as legal mail was unconstitutional. Policy at the …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
Article • May 15, 2007
Jail's Access To Courts Program, Visitation Policies Unconstitutional by The U.S. Fifth Circuit Court of Appeals held, among other things, that the access to courts program and certain visitation policies of a Texas county jail were unconstitutional. In 1976, prisoners housed in McLennan County's "old jail" (built in the 1950's) …
Article • May 15, 2007
No Deliberate Indifference to Medical, Denial of Access to Courts by The U.S. Court of Appeals for the Ninth Circuit held that the delay of a prisoner's medical treatment did not constitute deliberate indifference, nor did his limited access to legal research material constitute denial of access to the courts. …
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