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Article • March 15, 1997 • from PLN March, 1997
Litigant Entitled to Summary Judgment Notice by The court of appeals for the ninth circuit has reaffirmed that a district court which transforms a motion to dismiss into a motion for summary judgment by considering matters outside the pleadings must give the opposing party proper notice. Charles Anderson is a …
Article • March 15, 1997 • from PLN March, 1997
Case Closed After 24 Years by by Ronald Del Raine, Leavenworth, KS [Editor's Note: This is the oldest running prison case that PLN is aware of. Talk about frivolous litigation?! How much money did the government spend dragging this through the courts for more than two decades?] In November 1972, …
Article • March 15, 1997 • from PLN March, 1997
Pro Se Tips and Tactics (Injunctive Relief) by John Midgley In many cases in which a prisoner or group of prisoners is suing over bad prison conditions or practices, the prisoners want an injunction, that is, an order to require state officials to stop violating constitutional rights. This column briefly …
Detainee Excessive Force Jury Instructions Reversed by The court of appeals for the seventh circuit held that a district court erred when it instructed a jury on jail guards' good faith immunity defense. Anyone bringing an excessive use of force involving pretrial detainees to trial will find this case helpful. …
Ninth Circuit Rules on Washington ADA Suit by Leonard Feldman [Editor's Note: Leonard Feldman is the Seattle attorney representing the plaintiff in the case discussed below.] Sean Duffy, the plaintiff in Duffy v. Riveland, 1996 WL 583384 (9th Cir. October 11, 1996), is a prisoner at the Washington State Reformatory …
Article • February 15, 1997 • from PLN February, 1997
Late Notice of Appeal Allowed by The court of appeals for the District of Columbia Circuit held that Fed.R.Civ.P. 4(a)(6) allows the late filing of a notice of appeal where the party misses a filing deadline through no fault of their own. Eduardo Benavides sued the Bureau of Prisons under …
County Liable for Trustee's Work; No Remedy for Illegal Detention by The court of appeals for the fifth circuit held that a county was properly liable where it did not reimburse a jail detainee for work he performed on public property. The court also held that a pretrial detainee's work …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Inadequate Public Defender Funding Unconstitutional by A federal district court in Illinois held that a lack of adequate funding for public defenders assigned to represent indigent defendants in state court appeals violates the federal constitution when it causes delays in excess of two years. Over the past ten years the …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
South Carolina Consent Decree Terminated under PLRA by The court of appeals for the fourth circuit upheld the termination of a consent decree pursuant to the Prison Litigation Reform Act (PLRA) and rejected challenges to the constitutionality of the PLRA. In 1982 South Carolina prisoners filed suit challenging conditions of …
Article • February 15, 1997 • from PLN January, 1997
Virginia Hawks Parolees' Names by Beginning in July 1996, the Virginia Department of Corrections (DOC) began publishing what has so far proven to be a hot seller: lists of parolees' names, address, offenses, sex and race. The parolee lists costs $5 per zip code. Bargain hunters, however, can purchase a …
ADA Requires Phones for Deaf by A federal district court in Michigan held that the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 and the Rehabilitation Act of 1973, 29 U.S.C. § 794, requires state prison officials to provide prisoners and the people they call with Telecommunications Device for the …
New Jersey Sex Offender Registration Injunction Vacated by In the July, 1995, issue of PLN we reported Artway v. Attorney General of New Jersey, 876 F. Supp. 666 (D NJ 1995) where a district court held that a New Jersey sex offender registration law was constitutional as far as requiring …
Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN February, 1997
PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Article • February 15, 1997 • from PLN January, 1997
Washington Religious Name Retaliation Suit Settled by In the July, 1996 and August, 1994, issues of PLN we reported Malik v. Brown, 71 F.3d 724 (9th Cir. 1995) and 16 F.3d 330 (9th Cir. 1994), in which Washington state prisoner, and PLN supporter, Dawud Malik was punished by prison officials …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
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