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Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Article • May 15, 2007
Right to Attorney Contact Visits by The court of appeals for the Ninth circuit held that Arizona prisoners and attorneys have a court access right to contact visits. Denial of contact visits inhibits effective attorney-client communication. See: Ching v. Lewis, 895 F.2d 608 (9th Cir. 1990).
Article • May 15, 2007
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
Article • May 15, 2007
Prisoners Have Right to Confidential Meetings with Counsel by Prisoners Have Right to Confidential Meetings With Counsel The court of appeals for the Seventh circuit held that Illinois prisoners have a right to confidentially meet and confer with their attorneys. Court reversed summary judgment ruling in favor of the prisoner …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Article • May 15, 2007
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
First They Came For Lynne Stewart by Marjorie Cohn First they came for the communists, and I did not speak out because I was not a communist; Then they came for the socialists, and I did not speak out because I was not a socialist; Then they came for the …
Article • February 15, 2005 • from PLN February, 2005
Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle by Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning. Plaintiff Gary Taylor, 47, was arrested for …
Videotapes Prove Abuse of 9/11 Detainees by Federal Guards by by Matthew T. Clarke On December 18, 2003, Glenn A. Finer, Inspector General of the U.S. Justice Department, released a report which found that guards at the Metropolitan Detention Center (MDC) in Brooklyn, New York, physically and verbally abused detainees …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
New Mexico Lawyers Entitled to Jail Visiting, Phone and Records Access by A New Mexico federal district court has entered a preliminary injunction that enjoins jail officials from prohibiting class counsel from having access to the jail, its prisoners and staff, its records, and from imposing time limits on telephone …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
You're in the Hole: A Crackdown on Dissident Prisoners by Anne-Marie Cusac It was September 19, 2001. Elizabeth McAlister had not heard from her husband, Philip Berrigan, in more than a week. Such silence on Berrigan's part was "most unusual," she says. Convinced that something was wrong, she telephoned the …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
Brief • August 28, 2000
Vincent v. Martin, MI, Judgment, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 82 Filed 08/28/00 Pg 1 of 1 ~' AO 450 (Rev. 5/85) Judgment In 1 Clvll C.. Pg ID 296 • ~nii£h ~ta:i£s c!§l istrirt Qlourt ~~~~~~-E=A:..:.:.ST-=-=E~RN:..;_~~~~~DISTRJCTOF~~~M-I_C_H_I_G_A_N~~~~~~~~~ JOHN VINCENT, SR., and JOHN VINCENT, JR.,. Plaintiffs, JUDGMENT IN A …
Article • August 15, 2000 • from PLN August, 2000
Right to Counsel Violated by Intrusive Guards by A federal district court ruled that a criminal defendant's right to counsel was violated by the refusal of guards to allow unmonitored communication between him and his attorney. On January 26, 1990 David Lakin and four other prisoners abducted two guards while …
Brief • April 28, 2000
Vincent v. Martin, MI, Memo and Order, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 81 Filed 04/28/00 Pg 1 of 14 Pg ID 178 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN VINCENT, Sr. and JOHN VINCENT, Jr., Plaintiffs, Case No. 99-CV-71416 V. HONORABLE AVERN COHN BILL …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
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