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Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • May 15, 2007
Minnesota Prison's Indigent, Legal Mail Policies Constitutional by The United States Eighth Circuit Court of Appeals held that a Minnesota prison's policy of providing indigent prisoners with writing materials and allowing them one free mailing per week for legal correspondence met constitutional standards. Jerry Wayne Smith, a Kansas state prisoner …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
Article • May 15, 2007
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Right to Assist Other Prisoners Includes Right to Possess Pleadings by The California Supreme Court held that a prisoner's right to assist other prisoners in legal matters includes the right to possess other prisoner's legal pleadings or briefs, but does not include the right to correspond with prisoners at other …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by Douglas Krohne, a prisoner at Walla Walla,( Washington, filed a 42 U.S.C. §1983 action in the Western District of Washington federal court. He brought claims for the failure of prison officials failing to advise him …
Article • May 15, 2007
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC Douglas Krohne, a prisoner at Walla Walla, Washington, filed a 42 U.S.C. § 1983 action in the Western District of Washington …
Article • May 15, 2007
Texas Prisoners Still Have Limited Right to Appear in Civil Cases by A Texas state court of appeals has ruled that Texas prisoners continue to retain a limited right of appearance in civil cases after the Texas Supreme Court's decision in In re Z.L.T., and a district court cannot dismiss …
Article • May 15, 2007
Michigan Prisoner Wearing Leg Irons During Jury Trial Harmless Error by Michigan State prisoner David Lakin appealed the denial of his Federal habeas corpus petition alleging a due process violation for being forced to wear leg irons during a jury trial. Lakin and four other prisoners attempted to escape from …
Article • May 15, 2007
Seizure of Prisoner's Pretrial Discovery Materials Upheld by State prisoner David Savage filed a motion for relief from prosecutorial misconduct alleging Macon County Illinois jail officials confiscated discovery materials given to him by his counsel prior to trial. The confiscation was based upon advice from the State Attorney's Office that …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Article • May 15, 2007
Perp Walk Suit States Claim by The plaintiff alleged that he was subjected to a "perp walk" in that he was instructed to stand on the steps of the police station and pull a jacket over his head for the benefit of Fox News. The Fourth Amendment's protection "does not …
Article • May 15, 2007
Filed under: Court Access, Standing, Parties
Court Permission Must Be Sought for Party to Proceed Anonymously by The plaintiffs sought to challenge the Utah fornication and sodomy statutes, and to do so pseudonymously. At 1172: When a party wishes to file a case anonymously or under a pseudonym, it must first petition the district court for …
Article • May 15, 2007
Law Library Claims Must Be Brought Under § 1983 by Law Library Claims Must Be Brought Under § 1983 Prisoners are entitled to sufficient law library access to "enable them to research law and to determine what facts may be necessary to state a cause of action." However, such a …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
Leg Brace during Criminal Trial is Harmless Error by A criminal trial judge's decision to require the defendant to wear a leg brace during the trial, based only on unsworn hearsay testimony regarding a potential witness's plan to "do 'stuff,'" without evidence the defendant was going to participate in the …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
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