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Article • May 15, 2007
Shackling Criminal Defendant Upheld by The petitioner's trial was not rendered unfair by his shackling, since he assaulted one of the prosecution witnesses when he left the witness stand in full view of the jury. His left hand was unshackled so he could take notes and assist counsel, and he …
Article • May 15, 2007
Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Confiscation of Prisoner Property Upheld by The confiscation of the plaintiff's property did not deny due process because the state made post-deprivation remedies available in the form of a grievance procedure. At 515: "The mere fact that plaintiff has faced some difficulty in having his grievance heard, based on his …
Article • May 15, 2007
Seventh Circuit Discusses Injury in Court Access Suits by The plaintiff, seeking post-conviction relief, was held in a jail whose law library he deemed inadequate, and he was not able to obtain disbursement forms to buy legal materials because he did not provide prison officials with the reason for his …
Article • May 15, 2007
Obstructing Murder Investigation May Implicate Court Access by Adult children of an African-American woman who was murdered by whites in 1964 during a period of racial unrest sued the Sheriff on the ground that he had denied them access to courts by obstructing the investigation into the murder. At 1282: …
Article • April 15, 2007 • from PLN April, 2007
Washington State Supreme Court Justice Reprimanded For Visiting Prisoners by Citing an ?appearance of partiality,? a nine-member substitute special panel of the Washington State Supreme Court admonished Justice Richard B. Sanders for his having visited McNeil Island Special Commitment Center in 2003 where he spoke with sexually violent predator prisoners …
Article • March 15, 2007 • from PLN March, 2007
Fahrenheit 451 on Cell Block D by John Dannenberg [Certified Jailhouse Lawyer Program Proposed] By Evan R. Seamone, Esq., Reprinted from Yale Law & Policy Review, Vol. 24, No. 1 (2006), pp. 91-147. Reviewed by John E. Dannenberg Attorney Evan R. Seamone wants to promote justice by raising the stature …
Article • February 15, 2007 • from PLN February, 2007
North Carolina Jail Prisoner Killed During Court Appearance by Gary Hunter Willie Forrest, 37, was fatally shot by a Northampton sheriff?s deputy, after he grabbed another deputy?s gun and fired two shots. Forrest, who had a history of courtroom violence, was standing trial, on Wednesday July 12, 2006, for three …
Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a Colorado state prisoner?s administrative segregation (Ad Seg) conditions of confinement claims which were dismissed as frivolous by the United States District Court for the District of …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • December 15, 2006 • from PLN December, 2006
Florida Judge's Brother Receives Medical Furlough, Recuperates at Home by Florida Judge's Brother Receives Medical Furlough, Recuperates at Home The Florida Department of Corrections (FDOC) has sent one of its prison doctors to review if a prisoner should return to prison to heal from heart surgery. The prisoners connections have …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Brief • December 1, 2006
Filed under: Court Access, Docket Sheets
Jordan v. Hood, Co, Civil Docket, 2006 U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03−cv−02320−PSF−MJW Jordan v. Hood, et al Assigned to: Judge Phillip S. Figa Referred to: Magistrate Judge Michael J. Watanabe Demand: $2,000 Cause: 42:1983 Prisoner Civil Rights Plaintiff Mark Jordan TERMED Date …
Successor Judge Needs Compelling Reason to Reopen Prior Judges Ruling by Successor Judge Needs Compelling Reason to Reopen Prior Judge's Ruling The Seventh Circuit Court of Appeals has held that a successor judge did not have record support to reopen another judge's decision that a prisoner's suit was not barred …
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
Article • April 15, 2006 • from PLN April, 2006
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
Repercussions from Georgia Courthouse Escape, Shootings Continue by Inadequate security, which had existed for years at Georgia's Fulton County Courthouse, as well as lapses by Sheriff's deputies, are being blamed for the deadly March 11, 2005 escape of Brian Nichols. PLN has previously reported on the many problems afflicting the …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
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