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Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John Dannenberg Landmark 1980 California Death Row Federal Consent Decree Partially Terminated Under PLRA by John E. Dannenberg A landmark 1980 federal consent decree that covers all manner of living conditions for San Quentin State Prison’s death …
$156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John Dannenberg $156,289 in Attorney Fees Awarded for Enforcing California Jail Prisoners’ Federal Consent Decrees by John E. Dannenberg On , August 22, 2007, the U.S. District Court (N.D. Cal.) approved $156,289 in attorney fees and …
South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims by South Dakota state prisoners Leander Clay, James Smith and Kenneth Muetze (plaintiffs) appealed the dismissal of their pro se action for statutory immunity against South Dakota State Penitentiary and Department of Corrections personnel (defendants), which alleged unlawful disciplinary …
Article • August 15, 2008 • from PLN August, 2008
Eighth Circuit: Iowa Prisoner’s Denial-Of-Court-Access Ruling Reversed by The Eighth Circuit U.S. Court of Appeals reversed a district court § 1983 judgment that had found Iowa’s contract attorney arrangement (in lieu of a law library) had denied an Iowa prisoner’s constitutional right of access to the courts. The court also …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Article • July 15, 2008
Proceedings Ordered After Colorado DOC Ignored Information Request From Segregated Prisoner by Colorado State pro se prisoner Bobbie Pruitt appealed his court-dismissed information request from the Colorado Department of Corrections (DOC) under the Colorado Open Records Act (CORA). The trial court ruled that the information was not "public record." On …
Article • May 15, 2008
Pro Se Criminal Defendant Not Entitled to Law Library Access Above General Population by The plaintiff represented himself in his criminal trial. He had standby counsel advising him. Now he complains that he was not provided adequate legal resources to prepare his defense. The record shows he had access to …
Article • May 15, 2008
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Article • April 15, 2008 • from PLN April, 2008
Bergen County Jail, New Jersey, Provides Laptops for Legal Research by New Jersey?s Bergen County Jail is entering the 21st century with a revolutionary plan by Sheriff Leo McGuire to provide prisoners with laptop computers to do legal research while in the jail. The 80 laptops?stripped down durable mini-PCs?were purchased …
WI ACLU Overview of Prisoners' First Amendment Rights by Larry Dupuis EASTERN DISTRICT OF WISCONSIN BAR ASSOCIATION Pro Bono Continuing Legal Education Program Prisoner Litigation An Overview of Prisoners' First Amendment Rights March 29, 2007 Larry Dupuis, ACLU of Wisconsin Foundation IMPORTANT NOTE: This outline was prepared in March 2007. …
Evidentiary Hearing Ordered For AEDPA Equitable Tolling Claim Arising From Transfer to Out-Of-State Prison by The Ninth Circuit U.S. Court of Appeals ordered the U.S. District Court (D. Ore.) to conduct an evidentiary hearing to determine if ample facts supported two Oregon state prisoners? claims that their involuntary transfers to …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • May 15, 2007
Limited Law Library Time, Postage, Not Denial of Access by The U.S. Court of Appeals for the Tenth Circuit held that an Oklahoma prisoner's constitutional rights were not violated by the cancellation of a bland diet, transfer to maximum custody, limited amount of time in law library or prison's indigent …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Article • May 15, 2007
Policy Requiring Court Order For Law Library Access Unconstitutional by The U.S. Court of Appeals for the Eleventh Circuit held that a Sarasota County (Florida) Jail policy requiring a prisoner to obtain a court order before being permitted to use the jail law library was unconstitutional. Plaintiff was arrested on …
Article • May 15, 2007
Prisoners' Motion and Petition Granted, Judgment Vacated by Prisoners in the Bexar County (Texas) Jail filed a suit under 42 U.S.C. § 1983, alleging of inadequate access to law books. The district court summarily dismissed the suit and the Fifth Circuit refused to docket the appeal because the prisoners had …
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