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Search of Legal Files Violates Consent Decree by Search Of Legal Files Violates Consent Decree A prisoner at the Iowa State Penitentiary filed a federal civil rights complaint in which he contended that the search of his legal papers by guards, outside his presence, violated a consent decree entered into …
Prison System Increases Cell Integration to Avoid Fines by Faced with the threat of millions of dollars in fines, the Texas Department of Criminal Justice began increasing the number of racially integrated, two-person cells July 1. Before July only about 2 percent of the system's 11,000 double cells were integrated; …
Article • November 15, 1991 • from PLN November, 1991
Sheriff Can't Release AIDS Test Results by Sheriff Can't Release Aids Test Results While awaiting transfer from a county jail to an Alabama prison, a convicted prisoner was given the opportunity to voluntarily submit to an AIDS test. he did so, but only after being assured by the county health …
Article • November 15, 1991 • from PLN November, 1991
Washington Supreme Court Rules on Lifers by John Midgley Washington Supreme Court Rules On Lifers John Midgley, Attorney At Law As most prisoners in the system now know, the Washington Supreme Court in August handed down its decision in the " lifer" case, In re Powell, et al., 117 Wn.2d …
Article • October 15, 1991 • from PLN October, 1991
FBI To Collect Records on Juveniles by FBI To Collect Records On Juveniles The U.S. Justice Department has plans to authorize the FBI to gather juvenile offense records from the states. Law enforcement officials and prosecutors generally expressed support for the proposal. Current Justice Department rules allow the FBI to …
Article • October 15, 1991 • from PLN October, 1991
Oregon Board Rules Held Ex Post Facto by An Oregon prisoner challenged the application of newly adopted parole board rules to his case. He sought review of the board's action in the state Court of Appeals, saying the board should have applied the review rules that were in effect when …
Article • August 15, 1991 • from PLN August, 1991
Grievance System Does Not Create Liberty Interest by A federal prisoner brought a Bivens action against the prison warden and case manager for denying him access to the prison grievance system. The district court granted summary judgment to prison officials and the court of appeals affirmed. The court of appeals …
Article • August 15, 1991 • from PLN August, 1991
The United States Supreme Court: Petition for Writ of Certiori by Wm Daniel Ravenscroft The United States Supreme Court: Petition For Writ of Certioriari by Wm. Daniel Ravenscroft, Atty. At Law Overview: The United States Supreme Court is the highest court in this country. It is also the final forum …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Article • August 15, 1991 • from PLN August, 1991
Magistrates May Hear Prison Cases by A unanimous Supreme Court ruled that 28 U.S.C. § 636 (b) (1) (B) authorizes the nonconsensual referral to Magistrates for hearing and recommended findings of all prisoner petitions challenging conditions of confinement This ruling allows federal judges to refer to magistrates all prisoners' petitions …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
Prisoners and the Grievance System by Prisoners And The Grievance System By Paul Wright The Washington Department of Corrections (DOC) and many others have grievance systems to resolve complaints within the prison system rather than going to court to settle them. Many prisoners are skeptical of the grievance system as …
Article • June 15, 1991 • from PLN June, 1991
Mail to Public Officials and Media Protected by Mail To Public Officials And Media Protected The New Jersey Department of Corrections had a regulation that prevented them from opening outgoing "legal correspondence," but allowed prison officials to open,-read; and censor mail being sent to public officials, government agencies and media …
Article • February 15, 1991 • from PLN February, 1991
Prisoner Assaulted by Guard by Prisoner Assaulted By Guard A prison employee was held liable for $1,000 after sticking the barrel of his revolver in the inmate's mouth and cocking the trigger. The prisoner had sought damages for assault in a federal civil rights suit against the prison employee. He …
Article • January 15, 1991 • from PLN January, 1991
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery process. In prison suits the defendants, i.e. prison officials, have almost sole possession of the evidence that you will need to prove your claims. Many prisoners do not …
Article • January 15, 1991 • from PLN January, 1991
Failure to Disassociate Noninfractable by A prisoner sought judicial review of a disciplinary hearing finding him guilty of advocating, creating, engaging in or promoting a disturbance. There was indeed a disturbance, the court found, but a violation of the rule is only shown by an inmate engaging in "some affirmative …
Article • January 15, 1991 • from PLN January, 1991
Filed under: Civil Procedure, Appeals
Notice of Appeal Filed When Given to Cops by Notice of Appeal Filed When Given To Cops The Ninth Circuit Court of Appeals has held that a pro se prisoner's notice of appeal from the denial of a civil law suit or habeas corpus relief is considered to have been …
Article • January 15, 1991 • from PLN January, 1991
Florida DOC Offers Settlement by In 1988 the Florida Justice Institute filed a class action suit on behalf of PC (Protective Custody) prisoners. The suit challenges the fact that PCs aren't allowed to work, thus can't earn good time which extends their prison sentence; are locked down 23 hours a …
Article • December 15, 1990 • from PLN December, 1990
Filed under: Civil Procedure, Complaints
Prisoners' 1983 Suits by JD Enquist J. D. Enquist This is part two of the article Prisoners' 1983. It will be written from a somewhat different slant; your due process rights as protected by the Fourteenth Amendment. Prison employees are taught that in order to be effective they must view …
Article • December 15, 1990 • from PLN December, 1990
Magistrate Recommends Continued Single Celling at Reformatory by Ed Mead There has been a long and bitterly fought struggle by prisoners at the Washington State Reformatory to enforce a consent decree mandating single celling. The consent decree is a product of a 1978 civil rights complaint filed by Evergreen Legal …
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