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Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Brief • October 17, 2005
Griffith v. Weisner et al, NC, Petition to Sue, public records denial indigent leashing prisoners, 2005
Article • October 15, 2005
Washington: County Pre-Trial Services Blew $400,000 In 2003 by In 2003, Pierce County, Washington's bloated Pre-Trial Services (PTS) wasted $400,000--nearly half of its 2004 budget of $809,000, according to a preliminary county audit. A division of the Sheriff Department's Corrections Bureau, PTS decides which criminal defendants are eligible for court …
Article • September 15, 2005 • from PLN September, 2005
Filed under: Court Access, Judiciary, Juries
Houston Grand Juries Mostly Law-Enforcement by Matthew Clarke Houston Grand Juries Mostly Law-Enforcement and Government Employees by Matthew T. Clarke Ever since a ruling by the U. S. Supreme Court in Smith v. State of Texas, 311 U.S. 128, 61 S.Ct. 164, 85 L.Ed. 84 (1940), grand juries have been …
Article • August 15, 2005 • from PLN August, 2005
$99,981 In Fees Awarded For Successful Massachusetts Court Access Suit by Michael Rigby In a strongly worded opinion chastising Massachusetts officials for over 1itigating a case in which a prisoner's constitutional right of access to courts was clearly violated, a federal district court awarded attorneys' fees and costs of $99,981 …
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
Article • August 15, 2005 • from PLN August, 2005
Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution by David Reutter Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution By David M. Reutter Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department …
Article • August 15, 2005 • from PLN August, 2005
Jury Trial in Prison Violates Oregon Constitution by The Oregon Supreme Court held that conducting a prisoner's jury trial within a prison violates the impartial jury guarantee of the Oregon Constitution. Gary Cavan, a prisoner at the Snake River Correctional Institution (SRCI) was charged with several crimes stemming from his …
Article • June 15, 2005 • from PLN June, 2005
Battle Over Judicial Secrecy Continues by by Michael Rigby As the trend towards secrecy in the U.S. judiciary continues to grow, so does the constitutional debate over such practices as sealing cases, hiding proceedings, and conducting clandestine searches. Recent decisions by the D.C. and Second Circuits have been favorable, but …
New Jersey County Settles With Imprisoned Deaf Man For $175,000 by On November 20, 2003, Mercer County, New Jersey, agreed to pay $175,000 to a deaf man who was imprisoned at the Mercer County Detention Center (MCDC) without appropriate accommodations and appeared before a county court without an interpreter. The …
Article • March 15, 2005 • from PLN March, 2005
Judges Of Death by Mumia Abu-Jamal As the nation pondered the fate of a young California man being sentenced to death, the case of another man, one lesser-known, one without wealth or whiteness, comes back before the nation's highest court, after having been shunted through a series of killing courts …
Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor Ninth Circuit: "Chilling Effect" Not Required To Establish First Amendment Violation by Marvin Mentor The Ninth Circuit U.S. Court of Appeals dealt with the following conundrum: does a prisoner who exhaustively fights purported violations of his …
Article • January 15, 2005 • from PLN January, 2005
Texas Supreme Court clarifies Procedures For Civil Court Prisoner Appearances by Texas Supreme Court Clarifies Procedures For Civil Court Prisoner Appearances by Matthew T. Clarke The Supreme Court of Texas recently clarified the procedures a prisoner must follow to secure the right to personally appear in a civil court proceeding. …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
Article • January 15, 2005 • from PLN January, 2005
Public and Press Have First Amendment Right to Access Court Docket Sheets by David Reutter by David M. Reutter The Second Circuit Court of Appeals has held that the public and press enjoy a qualified First Amendment right of access to court docket sheets. This case was filed by the …
Article • December 15, 2004 • from PLN December, 2004
Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit by In a 6-5 decision marked by a plurality opinion and a strongly-worded dissent, the en banc Seventh U.S. Circuit Court of Appeals reversed the U.S. District Court, Western District of Wisconsin, and held that provisions of the Prison …
Article • December 15, 2004 • from PLN December, 2004
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes by Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes Judge Barkett has dissented from the denial of en banc review of an Eleventh Circuit Court of Appeals decision that held the Prison Litigation Reform …
Article • November 15, 2004 • from PLN November, 2004
Ohio Prisoners Not Entitled to Memory Typewriters by The Ohio Supreme Court, affirming an appeals court decision, held that Ohio prisoners have no right to typewriters with more than one line of memory and that prison officials were justified in confiscating a prisoner's typewriter that had a five-page memory capacity, …
U.S. Supreme Court: ADA Title II Implicates Due Process Right of Physical Access To The Courts by John E Dannenberg by John E. Dannenberg The U.S. Supreme Court held that Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, which guarantees disabled individuals access …
Article • September 15, 2004 • from PLN September, 2004
Filed under: Court Access, Judiciary
Supreme Court Justice Criticized Over No Recording Policy, Federal Agent's Actions by U.S. Supreme Court Justice Antonin Scalia's longstanding policy of prohibiting audio and video recordings of his remarks came back to haunt him on April 7, 2004, when an over zealous Federal Deputy Marshall assigned to protect the justice …
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