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Article • August 15, 1993 • from PLN August, 1993
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery phase. In many civil rights cases the defendants are government employees performing state functions and thus have sole control of the relevant evidence the plaintiff will need to …
Article • August 15, 1993 • from PLN August, 1993
Sanctions Against Pro Se Litigant Reversed by Raymundo Mendoza is a Texas state prisoner. In 1980 he suffered cervical and spinal injuries in a prison accident. He filed suit and his claims were eventually dismissed. In 1991 he filed suit alleging that he had received negligent medical treatment; been denied …
Article • August 15, 1993 • from PLN August, 1993
Florida Conditions Lawsuit Settled After 21 years by After 21 years of protracted, time consuming and tedious litigation involving three correction's secretaries, four governors, thousands of inmates and millions of dollars, the Department of Corrections of Florida has finally resolved the legendary Costello lawsuit. "For the first time in 21 …
Money Damages Available for Consent Decree Violations by Two prisoners at the Georgia State Prison (GSP) filed suit under § 1983 concerning the confiscation of personal property and the procedures at prison disciplinary hearings. In the mid-70's these issues had been litigated as part of a class action suit by …
Article • August 15, 1993 • from PLN August, 1993
No Waiver of Witness Fees for IFP Litigants by Bobby Dixon is a California state prisoner. He filed suit under § 1983 claiming that he was denied adequate medical treatment by prison officials. The case went to trial before a magistrate judge who granted the defendants' motion for a directed …
Disobeying State Court Order Basis for Section 1983 Liability by Ernest Walters is an Iowa state prisoner. He was infracted for allegedly lying to a guard. He was found guilty at a disciplinary hearing and punished. Walters filed a post conviction action in state court and won a default judgement …
Article • August 15, 1993 • from PLN August, 1993
Shackling Plainitff Violates Right to Fair Trial by Edward Lemons is an Illinois state prisoner. He claimed that while in segregation he was attacked and severely beaten by prison guards. When his case went to trial the judge went along with the defendant's request that Lemons be handcuffed and manacled …
Reduction In Damages Improper by Harry Weeks was a parapeligic Ohio state prisoner. For a two year period Weeks was housed in a control unit at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The control unit did not permit Weeks to have a wheelchair. L.R. Chaboudy was the …
Article • July 15, 1993 • from PLN July, 1993
Informal Brief Acts as Notice of Appeal by William Smith is a paraplegic Maryland state prisoner. He filed suit against various prison guards, doctors and officials claiming they were deliberately indifferent to his serious medical needs by denying him use of a wheelchair. Before trial the district court dismissed several …
Article • July 15, 1993 • from PLN July, 1993
Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …
Illinois Tolling Statute Unconstitutional by Until 1987 Illinois prisoners had until two years after they were released from prison in which to file lawsuits. Any statute of limitations was tolled by imprisonment. In 1987 the Illinois legislature modified Illinois Rev. Statute ch. 110, ¶ 13-211, so that claims by prisoners …
AG Not Entitled to Immunity by Paul and I have been doing the newsletter with this new 16-paged magazine format for several months now, and in that time we have managed to get a sense of what difference in cost this new printing system will make. By dividing our production …
Grievance Procedure Tolls Statute of Limitations by William Gartrell is a Texas state prisoner. He filed suit under § 1983 claiming prison officials conspired to file trumped up disciplinary charges against him in retaliation for his legal activities; the disciplinary hearing and grievance procedure did not comport with due process; …
Article • June 15, 1993 • from PLN June, 1993
How to Defend Against a Bill of Costs by John Adams I'm a prisoner at the Washington State Penitentiary. I've filed a few lawsuits over the years against prison officials, prison employees and prison conditions with some success. Recently, I had a case dismissed on the state's motion for summary …
Judge Cannot Make Credibility Findings by Roland Pettengill is an Arkansas state prisoner. While in segregation he went to yard. Before entering the yard he alerted sergeant George Veasey that an enemy of his was in the yard. Veasey gave Pettengill the choice of going to yard with his enemy …
Notice of Appeal Filed When Given to Prison Officials by Samuel Hamm is a Missouri state prisoner. While employed as a prison law clerk he claims prison officials threatened and harassed him in retaliation for the performance of his duties. The defendants' conduct included threatening him with administrative segregation, infracting …
Article • June 15, 1993 • from PLN June, 1993
DC Not Proper Venue for BOP Suits by James Cameron is a federal prisoner. While at the penitentiary at Terre Haute he suffered a massive heart attack. Prison doctors stated he should receive a low sodium diet. The prison at Terre Haute could not provide a special diet and the …
Court Dissolves 1-800 Injunction by Iowa state prisoners filed suit seeking preliminary and injunctive relief against an Iowa prison policy prohibiting them from calling their attorneys toll free 1-800 numbers. They claimed this practice violated their right of access to the courts. The district court agreed and granted a preliminary …
Due Process Protects Detainees from Violence by Raul Valencia is a pre-trial detainee in Brewster County, Texas. During a jail disturbance guards smashed Valencia's head into cell bars, choked him into unconcioussness and, after handcuffing him, beat him. Valencia filed suit under§ 1983 claiming this treatment violated his constitutional rights. …
Court Enjoins Torture of Jail Prisoners by Two Mississippi jail prisoners tried to escape from the jail by smashing their way out. Their attempt failed and guards secured and restrained them in an interrogation cell. The sheriff questioned the two men as to the location of their escape tools, which …
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