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Article • April 15, 2013 • from PLN April, 2013
Law Man: My Story of Robbing Banks, Winning Supreme Court Cases, and Finding Redemption, by Shon Hopwood and Dennis Burke (Crown, August 2012). 320 pages, $25.00 hardcover by Lisa McElroy Book review by Lisa McElroy In the Spring of 2003, the phone on Seth Waxman’s desk rang. “Will you accept …
Article • April 15, 2013
Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit by Derek Gilna Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to …
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to …
Article • June 15, 2012
Ninth Circuit agrees with Defendant and Reverses Contempt Conviction by Derek Gilna By Derek Gilna Although agreeing with the government that the defendant, James Kimsey was "no saint," the Ninth Circuit Court of Appeals agreed with Kimsey that he could not be held in contempt for failure to obey a …
Publication • May 1, 2012
2012 Prisoners' Assitance Directory, ACLU, 2012 2012 Prisoners' Assistance Directory Copyright ©1977 by the National Prison Project of the American Civil Liberties Union Foundation. Second Edition: 10/77 Third Edition: 9/79 Fourth Edition: 10/81 Fifth Edition: 12/82 Sixth Edition: 1/85 Seventh Edition: 4/86 Eighth Edition: 12/88 Ninth Edition: 9/90 Tenth Edition: …
Article • September 15, 2011
Ohio: Jailhouse Lawyer OK'd Absent State-Supplied Meaningful Alternatives by John Dannenberg Ohio: Jailhouse Lawyer OK’d Absent State-Supplied Meaningful Alternatives by John E. Dannenberg A majority of the Ohio Supreme Court held that the right of prisoners to meaningful access to the courts entitles them to be aided by jailhouse lawyers …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Publication • February 1, 2011
Assistance to Pro Se Litigants in U.S. Dist. Courts Study Fed. Judicial Ctr. 2011 Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveys of Clerks of Court and Chief Judges Donna Stienstra, Jared Bataillon, and Jason A. Cantone Federal Judicial Center 2011 This Federal Judicial Center …
Article • May 15, 2010 • from PLN May, 2010
$5,000 Award in New York Prisoner’s Retaliation Suit by Following a bench trial, a New York federal district court awarded a prisoner $5,000 in a lawsuit alleging that a guard retaliated against him for exercising his First Amendment rights. The civil rights action was filed by state prisoner Karl Ahlers, …
Article • August 15, 2009 • from PLN August, 2009
Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95 by Gary Hunter Prisoners helping prisoners with legal issues would not seem strange to most people. But the idea of prisoners protecting the U.S. constitution is a notion not …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
Publication • April 9, 2009
NY DOC - Inmate Grievance Program and Revisions STATE OF NEW YORK TITLE REVISION NOTICE ( NO 4040 DEPARTMENT OF CORRECTIONAL SERVICES Inmate Grievance Program DATE REVISES DIR# 4040 Dtd. 07/12/2006 04/09/2009 REFERENCES (Include but are not limited to) Correction Law, Section 139 9 NYCRR Part 7695 Added new material …
Article • February 15, 2009 • from PLN February, 2009
Writ Writer: One Man's Journey for Justice by David Preston Writ Writer: One Man’s Journey for Justice?A co-production of Passage Productions and the Independent Television Service ?(ITVS), in association with Latino Public Broadcasting Directed by Susanne Mason; 2008, 60 Minutes, $34.98 (personal use) http://www.writwritermovie.com/index.html Reviewed by David Preston De profundis …
Article • April 15, 2008 • from PLN April, 2008
Florida Woman Sentenced to Probation for Unauthorized Practice of Law by David Reutter by David M. Reutter A Florida court has sentenced civil rights activist Nancy Jo Grant to 15 years probation, with no possibility of early termination, for practicing law without a license. Grant, 55, was also ordered to …
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. …
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
Retaliatory Transfer for Assisting Prisoners with Litigation States Claim by The Court of Appeals for the Ninth Circuit held that a California prisoner stated a claim of retaliation that should not have been dismissed on the lower court's summary order before process was served on the defendants. The plaintiff alleged …
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 …
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