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No Preliminary Inunction for Firing of Prisoner Law Clerks by The First Circuit Court of Appeals affirmed a Massachusetts federal district court's order denying prisoners at MCI-Cedar Junction a preliminary injunction seeking to reinstate them to their law clerk positions at the prison. The prisoners argued they were terminated in …
Alabama Segregation Mail Ban, Conditions, Unconstitutional by The Fifth Circuit Court of Appeals held that conditions of segregation and prohibitions of mail receipt by segregation prisoners at the Holman Unit of the Alabama State Penitentiary were unconstitutional. This appeal was consolidated to include several actions filed by prisoners alleging unconstitutional …
Article • May 15, 2007
Limits on Prisoner Legal Mail and Photocopy Expenses Affirmed by Colorado Department of Corrections prisoner Benito Negron filed a state court lawsuit against prison officials alleging that administrative regulations violated his right to court access and freedom of speech by limiting legal photocopies and postage, amounting to cruel and unusual …
$9,000 Paid in WA Retaliation Suit by Airway Heights Correction Center prisoners Derek E. Gronquist and Donald H. Turpin filed a 42 U.S.C. § 1983 in the Eastern District of Washington federal court. The Complaint alleged they were subjected to retaliatory disciplinary action resulting from lawsuits they filed upon the …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Article • May 15, 2007
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief, under 42 U.S.C. § 1983, for the violation of his constitutional rights. In this case, Pennsylvania state …
Article • May 15, 2007
Filed under: Court Access
Florida Prisoner's Have Right to Bring Civil Actions by The Florida Second District Court of Appeal reversed a trial court's order that held a prisoner endures "civil death" upon conviction, loses his right to sue under § 944.292 (1983), Florida statutes, and abated the prisoner's civil tort suit. The court …
Article • May 15, 2007
Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both by Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both The Fourth Circuit Court of Appeals held the State of North Carolina was under no constitutional duty to offer prisoners both adequate legal …
Article • May 15, 2007
Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew Clarke Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew T. Clarke On August 31, 2004 the Sixth Circuit Court of Appeals held that an indigent Michigan state prisoner …
Article • May 15, 2007
Law Library Denial Didn't Prevent Habeas Filing by The petitioner failed to file his state post-conviction relief petition timely, so claims not raised on direct appeal are procedurally defaulted. At 984: Petitioner alleges that acts of the State, in keeping him from the law library for a time and confiscating …
Article • May 15, 2007
No Habeas Relief for Prisoner Restrained During Criminal Trial by Handcuffing a prisoner during trial did not deny due process because the trial judge did not improperly delegate the decision to restrain to corrections officials, just relied on a corrections sergeant to describe the form of restraint that would be …
Article • May 15, 2007
No Judicial Immunity for Expelling Person from Court Grounds by The plaintiff was issued trespass orders barring him from state courthouses and grounds after he parked a van bearing unflattering comments about one of the judges near a courthouse. The district court earlier granted a preliminary injunction against enforcement of …
Article • May 15, 2007
Lawyers Must be Allowed Access to Indigent Interrogatees by The following decision was stayed, appeal was expedited, and the decision was promptly reversed on the merits in a highly instructive opinion by Judge Easterbrook. 319 F.3d 967 (7th Cir. 2003). Chicago has a legal aid agency created specifically to provide …
Article • May 15, 2007
Denial of Feet Treatment, Paralegal Education, Visiting Suit Dismissed by The plaintiff's allegation of denial of treatment for "fallen arches" and "flat feet" do not "suggest a serious medical condition," so his claim is dismissed. The court cites no authority whatsoever for this medical judgment. The denial to plaintiff of …
CCA Employees Can Be Sued Under Bivens For Retaliation, Court Access Issues by Individual employees of a private prison corporation contracting with the federal government may be sued under Bivens. The holding of Malesko that Bivens does not authorize suit against corporations contracting with federal agencies does not extend to …
Class Certification Denied in Delay of Probable Cause Hearings Suit by The plaintiffs (196 of them) sought to represent a class of persons arrested without prior probable cause determinations challenging failure to provide timely probable cause hearings. The Supreme Court has said that generally, probable cause hearings should occur within …
Court Refuses to Drug Defendant for Trial by The criminal defendant was found incompetent to stand trial. The government did not show sufficient need to involuntarily medicate him to render him competent to stand trial. The government's report does not address whether such medication is medically appropriate; there is inadequate …
Article • May 15, 2007
Trial in Prison Clothes Harmless Error by At 879: "A prisoner may not be compelled to go to trial in prison clothing." But due process is satisfied if there is not actual compulsion; if the defendant doesn't object, he hasn't been compelled, and may also have waived the right to …
Challenge to BOP Denial of Pre Sentence Reports Must Be Brought As Civil Suit by The plaintiff, under the case number and caption of his 25-year-old criminal case, filed a motion challenging the Bureau of Prisons' policy forbidding inmates from retaining possession of their pre-sentence reports in their cells. At …
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