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Article • December 15, 2007
PLRA 150% Attorney Fee Cap Applies to All Attorney Work, Including Appellate Work by The Sixth Circuit Court of Appeals has held "that the PLRA applies to all attorney fees generated by a prevailing party -- trial, post-trial, and on appeal." The PLRA, or Prison Litigation Reform Act, limits attorney …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
California DOC Settles Federal Suit to Permit Bible Study Materials; Establishes Pilot Program For Screening Books and CDs by John Dannenberg by John E. Dannenberg The California Department of Corrections and Rehabilitation (CDCR) settled a lawsuit brought by Jesus Christ Prison Ministry (JCPM) that sought to overcome CDCR's rigid bar …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Article • November 15, 2007 • from PLN November, 2007
Filed under: Mail, Legal Mail
Pennsylvania Prison Legal Mail Policy Unconstitutional, Enjoined by Matthew Clarke by Matt Clarke On May 3, 2007, a federal court in Pennsylvania found unconstitutional the Pennsylvania Department of Corrections (DOC) mail policy allowing legal mail to be opened outside the presence of prisoners if the pail does not display a …
Article • November 15, 2007 • from PLN November, 2007
California DOC Pays PLN’s Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John Dannenberg California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John E. Dannenberg In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Breathtaking Abuse of the Constitution - Sheriff Arpaio's assault on the First Amendment by Michael Lacey Breathtaking Abuse of the Constitution Joe Arpaio, Andy Thomas and Dennis Wilenchik hit New Times with grand jury subpoenas By Michael Lacey and Jim Larkin Published: October 18, 2007 This newspaper and its editorial …
Article • October 15, 2007 • from PLN October, 2007
Old Media Access Consent Decrees Violated in Maine by Lance Tapley The Maine Department of Corrections has been violating at least two of three 35-year-old federal court orders that grant prisoners access to the press, allow them to write to newspapers, and prohibit prison officials from arbitrarily transferring prisoners out …
Article • September 15, 2007
Louisiana: The other Jena story by First youth, then hurricane evacuees were tortured by Jena prison guards Wednesday, 19 September 2007 Jena, Louisiana - Jena, the little town of 3,000 located about four hours north of New Orleans, where thousands of people are headed from all over the U.S. to …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Article • July 15, 2007 • from PLN July, 2007
California Ban On Hardcover Books Held Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court (N.D. Cal.) held that the policy by California?s Pelican Bay State Prison (PBSP) Security Housing Unit of banning prisoners? possession of hardcover books violated their First Amendment rights. During the course of …
Article • June 15, 2007 • from PLN June, 2007
Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact by John Dannenberg Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) …
Louisiana Prisoner Denied Religious Materials Under “Approved Vendor” Policy Settles Suit for $21, 786.13 in Damages and Fees by Louisiana Prisoner Denied Religious Materials Under "Approved Vendor" Policy Settles Suit for $21, 786.13 in Damages and Fees The State of Louisiana has settled with a prisoner who was denied religious …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
District Court Reversed in Christian Identity Case by The Tenth U.S. Circuit Court of Appeals has affirmed in part and reversed in part a case involving prisoners who adhere to the "Christian Identity Faith." Jacob Ind and Jeffrey Pfleger are prisoners at the Colorado State Penitentiary. They adhere sincerely to …
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