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Article • November 15, 1996 • from PLN November, 1996
2nd Circuit Applies PLRA to IFP Litigants by In the July, 1996, issue of PLN we reported the passage of the Prison Litigation Reform Act (PLRA) which significantly changed the manner in which indigent prisoner litigants filed civil suits and appeals. In the first circuit court ruling to extensively discuss …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
PI Granted in Haircut Claim by A federal district court in Kentucky granted a motion for a Preliminary Injunction (PI) to a Hasidic Jew whose claimed his religious beliefs were violated when prison officials forced him to cut his hair. Several Kentucky state prisoners in Protective Custody (PC) filed suit …
Article • October 15, 1996 • from PLN October, 1996
De Novo Review Required of Magistrate's Report by The court of appeals for the eighth circuit held that a district court's erroneous statement that no objections had been filed to a magistrate's report and recommendation constituted prima facie evidence that the district court did not perform the requisite de novo …
Court Okays Disclosure of AIDS Status by The court of appeals for the seventh circuit held that prison officials may casually disclose a prisoner's AIDS status to other prisoners and staff but that denying barber services is unconstitutional. Dennis Anderson was an Illinois state prisoner with AIDS. The prison warden …
Attorney Fees Awarded for Opposing Motion to Vacate by The court of appeals for the fifth circuit affirmed a district court's award of almost $38,000 in attorney fees to class counsel for opposing a jail defendant's motion to vacate a consent decree. In 1978 prisoners at the Madison County jail …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Article • October 15, 1996 • from PLN October, 1996
Prisoner Testimony Must Be Considered in Spears Hearing by The court of appeals for the fifth circuit held that a district court abused its discretion when it heard a prisoner's testimony during a Spears hearing and then disregarded it and dismissed the complaint. Danny Eason, a Texas state prisoner, filed …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
Article • October 15, 1996 • from PLN October, 1996
MCC Settlement Upheld by The court of appeals for the seventh circuit held that a district court properly approved a settlement agreement dismissing a prison conditions class action suit over the objections of numerous plaintiffs. In 1991 prisoners at the Maximum Control Complex (MCC) in Indiana filed suit challenging numerous …
Article • October 15, 1996 • from PLN October, 1996
Plaintiff Entitled to Respond to Qualified Immunity Defense by The court of appeals for the fifth circuit held a district court improperly dismissed a prisoner's civil rights complaint when it did not allow the plaintiff to respond to the defendants' qualified immunity defense. Donald Todd, a federal prisoner, filed suit …
Prisoner Has Right to Hunger Strike by James Quigley A Florida appellate court has ruled that a prisoner has a right to refuse forced feeding or medical treatment based on an interpretation of the privacy clause of the Florida State constitution. In late 1994 Michael V. Costello, a Florida state …
Article • September 15, 1996 • from PLN September, 1996
BOP Phone Suit Settled by Paul Wright In the March and November, 1994 and March, 1995, issues of PLN we reported developments in Washington v. Reno, a class action suit filed by federal prisoners which challenged numerous aspects of a new phone system imposed by the Bureau of Prisons (BOP). …
NSP Double Celling Order Vacated by The court of appeals for the eighth circuit held that a district court had to reconsider prisoners' double celling claims under the supreme court's ruling in Farmer v. Brennan, 114 S.Ct. 1970 (1994). This case arises from a class action suit filed by prisoners …
Article • September 15, 1996 • from PLN September, 1996
Washington Death Row Prisoners Get Habeas TRO by In the August, 1996, issue of PLN we reported the passage of the Anti-Terrorism and Effective Death Penalty Act of 1996 (habeas law). One of the new law's provisions is that it has an option whereby a state's death penalty cases can …
Pro Se Tips and Tactics by John Midgley In the June issue of PLN, I discussed the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. § 1983. This companion column discusses the other kind of immunity you may run into, so-called …
IMU Placement Implicates Due Process by The court of appeals for the ninth circuit held that an Oregon prisoner's transfer to an Intensive Management Unit (IMU) control unit may violate due process if done without procedural due process. The court also held that several control unit conditions stated a claim …
Limited Interlocutory Appeals in Medical Cases by The court of appeals for the eighth circuit held that the law is clearly established that a heart transplant patient is entitled to reasonable medical care. Whether he actually received that care was a factual question it lacked jurisdiction to answer. In 1985 …
Article • August 15, 1996 • from PLN August, 1996
Filed under: Court Access, Photocopies, Costs
Photocopies Required for Court Access by A federal district court in Ohio held that a prison policy which charges prisoners 35 cents per copy and does not allow a credit system violates prisoners' right of access to the courts. Scott Giles, an Ohio state prisoner, filed suit challenging the Ohio …
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