Skip navigation

Search

1304 results
Page 30 of 66. « Previous | 1 2 3 4 ... 26 27 28 29 30 31 32 33 34 ... 62 63 64 65 66 | Next »

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 …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Article • May 15, 2007
WA Prisoner Properly Removed from Court by Damon Chapple, a Washington state prisoner, was serving one hundred and twenty five years for murder, rape, and robbery. In 1997, he was charged with raping a fellow prisoner as a three strikes offense. During a pretrial hearing he became disruptive, swearing and …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. …
Article • May 15, 2007
Attorney Fees Awarded in NV Legal Access Suit by A federal district court in Nevada granted a prisoner plaintiff's motion for attorney fees of $6,838.98 after successfully forcing the Nevada State Prison to maintain certain levels of legal materials at the prison. See the underlying case at Morgan v. Nevada …
Page 30 of 66. « Previous | 1 2 3 4 ... 26 27 28 29 30 31 32 33 34 ... 62 63 64 65 66 | Next »