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Arizona Held in Contempt over Masters' Fees by In the October, 1995, issue of PLN we reported the ongoing war between the Arizona DOC (ADOC) and the federal judiciary as prison officials sought to evade compliance with federal court orders. Because the Arizona DOC has not been willing to comply …
Article • June 15, 1996 • from PLN June, 1996
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Michigan Visiting TRO Denied by A federal district court in Michigan denied state prisoners a Preliminary Injunction (PI) in their challenge to new visiting rules. The Michigan DOC recently enacted more restrictive rules on visitation that prohibit visits by all minors other than prisoners' own children; it prohibits visits with …
No Stay in DC Women Prisoners' Suit by In the December, 1995, issue of PLN we reported Women Prisoners of D.C. DOC v. District of Columbia, 877 F. Supp. 634 (DC DC 1995), a class action suit by women prisoners challenging their conditions of confinement and an atmosphere of sexual …
Ninth Circuit Revisits Attorney Fees by The court of appeals for the ninth circuit has again held that attorney fee awards under 42 U.S.C. § 1988 should be awarded by district courts based on the relief achieved by the prevailing party. Institutional reform litigation by its nature is a long, …
California EFV Ban Enjoined by Past issues of PLN have reported on legislative efforts to eliminate or restrict prisoners access to Extended Family Visits in California. A series of state court rulings have been issued [See PLN, Feb., Apr., Sep, 1995, for more details] on this topic. Unable to completely …
Article • June 15, 1996 • from PLN June, 1996
Pro Se Tips and Tactics by John Midgley This column discusses the defense of so-called "qualified immunity" that is available to public officers and employees sued under 42 U.S.C. Section 1983. I will first discuss what an "immunity" is, then what "qualified" immunity is as distinguished from "absolute" immunity, and …
Washington Prisoners Protest Money Seizure Law by In the May, 1995, issue of PLN we ran the article Harsher Prison Measures Opposed: "Family Values'' Stop Here which reported the solidarity demonstration held by some 20 people in front of the King County (Seattle), WA jail on March 20, 1995. That …
$176,000 Awarded in Attorney Fees by A federal district court in Illinois entered an award of $163,276 in attorney fees and $12,398 in costs pursuant to 42 U.S.C. § 1988 to prisoner plaintiffs who won $130,000 in damages at a jury trial after being beaten by prison guards. The court …
Article • June 15, 1996 • from PLN June, 1996
Filed under: Civil Procedure, Appeals
Ninth Circuit Expands Mailbox Rule by The court of appeals for the ninth circuit has held that a prisoner's notice of appeal is timely filed as long as it is mailed within the applicable time limit; the court does not require the notice to be mailed by a method that …
Article • May 15, 1996 • from PLN May, 1996
Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Discovery
Dismissal of Suit for Not Attending Deposition Reversed by The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed …
Article • May 15, 1996 • from PLN May, 1996
Jury Power in Action by A single mother in Cleveland, Ohio went on trial for welfare fraud. She was charged with "stealing" $11,000 in cash and food stamps over a two-year period. Between June 1988 to January 1990 she is accused of working at a $6,000-a-year part time job emptying …
Complaint Need Not List Capacity Defendants Sued In by The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, …
Article • May 15, 1996 • from PLN May, 1996
Litigants Must Be Given Writing Materials by The court of appeals for the seventh circuit has held that prisoners must be provided with writing materials in order to ensure their right of court access. Such claims are not dependent upon a showing that the underlying claim would have succeeded, only …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Witnesses
Criminal Conviction Inadmissible Evidence by A federal district court in Pennsylvania ruled in favor of a prisoner's motion in limine to prevent prison officials from introducing evidence about his criminal history to impeach his testimony. This ruling will prove useful to any prisoner litigating a civil rights claim as all …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Brief • May 7, 1996
Martin v. Pataki, NY, Order, Green Haven Correctional Facility Photographs PO, 1996 09/04/03 THU 17:19 FAX 212 450 5588 DPW 28-60 141010 ···: .·· .:( GEORGE E. PATAKI, GOVERNOR NEW YORK STATE, PHILIP COOMBE, JR., ACTING COMMISSIONER OF NEW YORK STATES DEPARTMENT OF CORRECTIONAL SERVICE, RONALD F. NELSON, DEPUTY SUPERIN­ …
Damn Lies and Statistics by Most PLN readers are well aware of the conservative PR campaign designed to convince legislators and the voting public that the courts are threatened with drowning in a deluge of prisoner-initiated litigation. The National Association of Attorneys General (NAAG) has developed model legislation designed to …
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