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Article • May 15, 2007
Filed under: Court Access, Photocopies
Prisoners Have Right to Pay for Photocopies by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit that prison officials refused to photocopy legal documents for filing in a lawsuit. The prisoner had the money to pay for the …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Article • May 15, 2007
No Right to Typewriter by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a memory typewriter. All courts to consider this issue have uniformly held that prisoners have no right whatsoever to typewriters or word processors. No free speech or court …
Article • May 15, 2007
Paralegal Ban Denies Effective Assistance of Counsel by The court of appeals for the Second circuit held that a New York prison policy denying a segregation unit/death row prisoner the ability to see paralegals employed by his attorney denied him effective assistance of counsel. The court denied prison officials qualified …
Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …
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 …
Article • May 15, 2007
Law Library Must Provide Paper to Indigent Prisoners by Law Library Must Provide Paper To Indigent Prisoners The U.S. District Court for the District of Nevada held that a prison law library must provide paper to indigent prisoners. A Nevada state prisoner wrote a letter to the district court judge …
Summary Judgment Precluded in Beating, Common Law Remedy for Confiscation Claim by A Pennsylvania prisoner brought a civil rights action against prison officials and guards alleging guard brutality and confiscation of his legal materials violated his constitutional rights. The U.S. District Court for the Eastern District of Pennsylvania held: 1) …
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise …
Fifth Circuit Reverses Beaten Louisiana Prisoner's $1.5 Million Jury Award by The U.S. Court of Appeals for the Fifth Circuit reversed the award of $1.5 million to a beaten prisoner by a federal jury, granting the defendants a new trial on damages. John Poullard, a Louisiana state prisoner, sued guards …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Closure of Pennsylvania Prison Legal Clinic Enjoined by A Pennsylvania federal district court held that prison officials intent to close the Para-Professional Law Clinic (PPLC) at the State Correctional Institution in Graterford would violate prisoners' right to meaningful access to the courts. The PPLC is a non-profit corporation that has …
Article • May 15, 2007
Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed by In this case involving a prisoner's pro se petition for writ of certiorari, the Tennessee Court of Appeals held that the trial court improperly dismissed the petition for failure to appear and prosecute. Eddie Williams, a prisoner in the …
Article • May 15, 2007
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
Article • May 15, 2007
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
Article • May 15, 2007
Stun Belt Allowed in Criminal Trial by A federal district court in the District of Columbia overruled a murder defendant's objection over being forced to wear a stun belt during his trial. The court set forth a series of factors to be weighed in deciding whether the defendant should be …
Article • May 15, 2007
Prisoner's Retaliation Claims Dismissed by The U.S. Ninth Circuit Court of Appeals has effectively ended the claims of Kevin Murphy, a prisoner at the Montana State Prison (MSP), who had alleged that MSP officials had violated his First Amendment rights by retaliating against him for writing a letter to a …
South Dakota Prisoners' Dismissed Access to Courts Claims Partly Reversed by The U.S. Eighth Circuit Court of Appeals has partly reversed the dismissal of South Dakota prisoners' claims that the South Dakota Department of Corrections (SDDC) and officials of the South Dakota State Penitentiary (SDSP) engaged in policies and practices …
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