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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 …
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners …
Article • May 15, 2007
Jail Has Duty to Provide Legal Material by The court of appeals for the Fifth circuit held that a district court erred in dismissing a Mississippi prisoner's claim that the Jackson county jail lacked adequate legal material. Due to overcrowding in the state prison system, plaintiff and other state prisoners …
Article • May 15, 2007
S.Ct. Holds Prison Officials Cannot Censor Court Pleadings by The United States supreme court held that a Michigan prison rule requiring prisoners to submit all legal pleadings to a prison investigator for review, before they could he filed with the courts, was invalid. Whether a habeas petition is properly drawn …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Article • May 15, 2007
Transfer for Law Library Access by A Washington state prisoner was imprisoned in a minimum security prison which did not have a prison law library which negatively impacted his pending litigation. To provide court access prison officials transferred plaintiff to a maximum security prison with an extensive law library. Plaintiff …
Retaliation for Filing Grievances Violates First Amendment by The court of appeals for the Sixth circuit held that an injunction against Tennessee prison officials was improper, but that retaliation against prisoners who were fired from their jobs as disciplinary hearing advisers after they filed grievances against the prison hearing officer …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
Article • May 15, 2007
Right to Be Jailhouse Lawyer Discussed by The court of appeals for the Eighth circuit reversed and remanded a district court ruling staying a § 1983 lawsuit brought by an Iowa prisoner who was fired from his prison job as a jailhouse lawyer. Referring to a separate consent decree and …
Article • May 15, 2007
Confiscation of Legal Papers States Claim by The court of appeals for the Second circuit reversed the FRCP 12(b)(6) dismissal of a prisoner's § 1983 action against New York state prison officials who confiscated his legal papers. The court held that access to the courts is a substantive right rather …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
Article • May 15, 2007
Due Process Violated by Property Confiscation by The court of appeals for the Seventh circuit upheld a challenge to lockdown conditions at the USP in Marion, IL imposed after two guards and a prisoner were killed at the prison in 1983. The court held that a lower court erred in …
Article • May 15, 2007
Prisoners Have No Right to Give Legal Assistance by The court of appeals for the Eighth circuit held that a North Dakota prisoner had no right to provide legal assistance to other prisoners. There is a circuit split on this issue. See: Gassier v. Rayl, 862 F.2d 706 (8th Cir. …
No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …
Article • May 15, 2007
Prisoners Can't Represent Each Other in Court by The court of appeals for the Fifth circuit held that a Texas prisoner could not be represented on appeal by a fellow prisoner and co-plaintiff who was not licensed to practice law. To be valid, the notice of appeal had to be …
Article • May 15, 2007
Case Can't Be Dismissed Because Prisoner Doesn't Appear in Courtroom by The court of appeals for the Seventh circuit, sitting en banc, held that a district court erred when it dismissed an Illinois prisoner's lawsuit because he did not personally appear in court. The prisoner sued police and prosecutors for …
Article • May 15, 2007
Jail Detainee Has Right of Court Access by The court of appeals for the Ninth circuit held that a California jail detainee's court access rights were violated when the jail interfered with court ordered local and long distance phone calls, legal materials, subpoena runner and obtaining legal materials and an …
Article • May 15, 2007
Suit Dismissal for Failure to Appear Improper by The court of appeals for the Sixth circuit held that a district court in Tennessee improperly dismissed a federal prisoner's lawsuit because he did not appear in court for hearings. District court set various hearing dates, the plaintiff could not appear due …
Article • May 15, 2007
Prisoner Has Right to Keep Infraction Report Before Hearing by The court of appeals for the Second circuit held that a New York prisoner had stated a claim when he filed suit alleging prison officials had seized infraction reports from him before a scheduled disciplinary hearing, thus depriving him of …
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