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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 …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Dismissal of Prisoner's Access to Courts, Due Process Claims Erroneous by The U.S Court of Appeals for the Eleventh Circuit held that a U.S. District Court improperly dismissed a prisoner's pro se federal civil rights action. Plaintiff, a Georgia state prisoner, brought federal civil rights action against prison officials alleging …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Leavenworth Prison Officials Granted Qualified Immunity on Court Access Case by Reversing the U.S. District Court for the District of Kansas, the U.S. Tenth Circuit Court of Appeals held that officials at the United States Penitentiary at Leavenworth (USP-Leavenworth) and the Federal Bureau of Prisons (BOP) were entitled to qualified …
Article • May 15, 2007
Mask May Be Required in Prisoner's Spitting Trial by An Illinois appeals court held that a prisoner charged with a criminal offense for spitting on a guard may be required to wear a mask at his trial. The prisoner was charged with aggravated battery after he spit in a guard's …
Sixth Circuit Holds Prisoner's Access to Court Not Violated by Affirming a Tennessee federal district court decision, the U.S. Sixth Circuit Court of Appeals held that a state prisoner incarcerated in a private prison suffered no violation of his right to meaningful access to courts. Danny Ray Thomas is a …
Article • May 15, 2007
9th Circuit Invalidates Prisoner-to-Prisoner Mail Ban by The Ninth Circuit Court of Appeals held that a complete ban on prisoner-to-prisoner mail violated the First Amendment rights of both prisoners. The court also held that a Washington state prisoner did not have a constitutional right to the services of a prison …
Article • May 15, 2007
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding …
Prisoner-to-Prisoner Mail Ban Upheld But Can Be Unconstitutional by The United States Court of Appeals for the DC Circuit upheld a federal Bureau of Prisons (BOP) regulation prohibiting prisoner-to-prisoner correspondence. The court also invalidated a regulation authorizing the rejection of publications, finding that the regulation failed to satisfy the minimal …
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was …
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