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Brief • April 7, 2000
Settlement Terms Limiting a Lawyer’s Use of Information, ABA Formal Opinions, 2000 ABA Formal Opinions The following formal opinions are issued by the ABA Standing Committee on Ethics and Professional Responsibility. They appear here in full text and are copyrighted by the ABA. Formal Opinion 00-417 April 7, 2000 Settlement …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Civil Procedure, Appeals
Pro Se Tips and Tactics by John Midgley In my last column, I discussed when you can appeal from a trial court ruling against you and how to appeal if you decide to. I left for this second column on appeals the large question: Should I appeal? In other words, …
Megan's Law Fallout by Willie Wisely by W. Wisely The 1996 Megan's Law, an amendment to the 1994 Wetterling Act, requires public notice when convicted sex offenders move into a community. Some 14 states provide that public notice by posting photographs, addresses, and conviction records of sex offenders on Web …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Article • March 15, 2000 • from PLN March, 2000
Third Circuit Evenly Split on PLRA Attorney Fee Cap by Circuit has barely upheld the constitutionallity of the Attorney Fee Cap Provision of the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(d). Michael Collins brought suit alleging the defendants violated his constitutional rights when he was attacked by a …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Article • March 15, 2000 • from PLN March, 2000
Washington DOC Public Disclosure Overcharges Struck Down by On September 17, 1999, Spokane superior court judge Ellen Clark ruled that the Washington Department of corrections has been overcharging for Public Disclosure Act (PDA) requests. RCW 42.17 allows citizens to seek documents from state and local government agencies. RCW 42.17.300 allows …
Class Certification Appeals Must Be Timely by The Court of Appeals for the Seventh Circuit held that parties seeking to immediately appeal decisions to grant or deny class certification must do so within the ten days prescribed by Federal Rules of Appellate Procedure (FRAP) 23(f). Women prisoners in the Cook …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Civil Procedure, Costs
Indigence is Cause to Retax Costs by The court of appeals for the Ninth circuit held that a district court abused its discretion in denying a motion to retax costs when the losing plaintiff was indigent and the effect of taxing costs against the plaintiff would chill future civil rights …
Article • February 15, 2000 • from PLN February, 2000
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Lack of Evidence Bars Disciplinary Finding of Guilt by Lack of Evidence Bars Disciplinary Finding of Guilt Regardless of Punishment Imposed The court of appeals for the Ninth circuit held that it violates due process to find a prisoner "guilty" of violating a prison disciplinary rule when absolutely no evidence …
America's Toughest Sheriff Settles for $8.25 Million in Wrongful Death Suit by In 1996 Scott Norberg was arrested for assaulting a Mesa, Arizona police officer and booked into the Maricopa County Jail, which is run by "America's Toughest Sheriff" Joe Arpaio. The next day Norberg, 35, was choked to death …
Article • February 15, 2000 • from PLN February, 2000
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
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