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Public and Press Have First Amendment Right to Access Court Docket Sheets
Article • January 15, 2005 • from PLN January, 2005
Filed under: Court Access, Judiciary, Disclosure of Records
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 …
Wisconsin District Court Reversed; PLRA Fee Limits Constitutional, Says Seventh Circuit
Article • December 15, 2004 • from PLN December, 2004
Filed under: Transplants, Attorney Fees (PLRA), Court Access, Damages
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 …
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes
Article • December 15, 2004 • from PLN December, 2004
Filed under: PLRA, Physical Injury Rule, Judiciary
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 …
Ohio Prisoners Not Entitled to Memory Typewriters
Article • November 15, 2004 • from PLN November, 2004
Filed under: Court Access, Writing Implements, Mandamus, Prisoner Property
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
Article • September 15, 2004 • from PLN September, 2004
Filed under: Court Access, Damages, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity
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 …
Supreme Court Justice Criticized Over No Recording Policy, Federal Agent's Actions
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 …
New Jersey Civil Commitment Hearings Secret, Biased
Article • August 15, 2004 • from PLN August, 2004
Filed under: Court Access, Judiciary, Civil Commitment
New Jersey Civil Commitment Hearings Secret, Biased by Michael Rigby The growing trend of keeping sex of-fenders confined even after they have completed their prison sentences has taken a bizarre turn for the worse in New Jersey, where civil commitment proceedings are held in secretthe records sealedand sex offenders are …
Supreme Court Holds Guantanamo Detainees Can Challenge Detention
Article • July 15, 2004 • from PLN July, 2004
Filed under: Court Access, Habeas Corpus, Military Prisons
Supreme Court Holds Guantanamo Detainees Can Challenge Detention by On November 10, 2003, the U.S Su-preme Court agreed to consider whether 16 detainees who are suspected of al-Qaeda or Taliban connections can challenge their detention in U.S. courts. The court will not decide whether the detention of the two Britons, …
Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions
Article • July 15, 2004 • from PLN July, 2004
Filed under: Court Access
Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions by Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions The Oklahoma Supreme Court held that a state statute declaring all persons serving a felony sentence to be "civilly dead" does not preclude them from filing a civil action …
Sanctions Against Ohio Paralegal Firm Upheld
Article • July 15, 2004 • from PLN July, 2004
Filed under: Attorney Fee Awards, Attorney Client, Paralegals, Civil Procedure, Sanctions
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Controversy and Lawsuits Surround South Texas Private Prison Deals
Article • July 15, 2004 • from PLN July, 2004
Filed under: Private Prisons, Financing, Emerald Correctional Management, Contractor Misconduct, Judiciary, Disclosure of Records
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
Oregon Trial in Prison Did Not Violate Constitution
Article • July 15, 2004 • from PLN July, 2004
Filed under: Criminal Prosecution, Judiciary, Civil Procedure, Trials
Oregon Trial in Prison Did Not Violate Constitution by Oregon Trial in Prison Did Not Violate Constitution In two opinions issued the same day, the Oregon Court of Appeals held that holding criminal trials of prisoners in a courtroom inside a prison did not violate the Oregon or United States …
Inmate Access to Legal Resources & Materials, LJN Exchange, 2004
Publication • 2004
Filed under: Prisoner Legal Assistance, Legal Materials, Law Library Access/Adequacy
Inmate Access to Legal Resources & Materials, LJN Exchange, 2004 Jnmate Access to Legal Reso~Af>4ces & Matef>4ials How Do We P~ovide J~mates Access to the Cot,t~s? he question posed in this article's title has challenged correctional administrators for decades. Just when most thought they had it right, the U.S. Supreme …
Pretrial Detainee Has Limited Right to Litigate Civil Matters
Article • May 15, 2004 • from PLN May, 2004
Filed under: Court Appearances, Immunity/Liability, Eleventh Amendment Immunity, Judicial Immunity
Pretrial Detainee Has Limited Right to Litigate Civil Matters by The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter. In April 1995, …
Absence of AEDPA in Texas Law Library May Toll Limitations
Article • May 15, 2004 • from PLN May, 2004
Filed under: Law Library Access/Adequacy, Civil Procedure, Limitations, Habeas Corpus
Absence of AEDPA in Texas Law Library May Toll Limitations by by Matthew T. Clarke The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack …
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions
Article • April 15, 2004 • from PLN April, 2004
Filed under: Prisoner Legal Assistance, Civil Procedure, Complaints, Parties
Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions by Wisconsin Pro Se Co-Plaintiffs Must Maintain Separate § 1983 Actions Federal district court Chief Judge Bar-bara B. Crabb, of the Northern District of Wisconsin, has decided that all pro se prisoner plaintiffs filing in this district must file and …
Impeding Grievance Exhaustion May Violate Access to Courts
Article • April 15, 2004 • from PLN April, 2004
Filed under: Administrative Exhaustion (PLRA), Court Access, Law Library Access/Adequacy, Damages
Impeding Grievance Exhaustion May Violate Access to Courts by A U.S. District Court for the Eastern District of Wisconsin held that a prisoner's access to court was impeded because jail officials interfered with his ability to exhaust his administrative remedies with respect to several non-frivolous claims, which were dismissed for …
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening
Article • February 15, 2004 • from PLN February, 2004
Filed under: Attorney Client, PLRA, Attorney Fees (PLRA), Judiciary, Damages, Qualified Immunity, Legal Mail
Court Mail Is Legal Mail; Damages and Fees Upheld in Legal Mail Opening by Daniel E. Manville by Dan Manville The Sixth Circuit has held that mail from a court is entitled to First Amendment protection, which means that prison officials had to open legal mail in the presence of …
$210,000 Awarded in Virginia Jail Conditions Suit
Article • December 15, 2003
Filed under: Conditions of Confinement, Overcrowding, Staffing, Sanitation, Law Library Access/Adequacy, Municipal Liability
$210,000 Awarded in Virginia Jail Conditions Suit by The court of appeals for the Fourth circuit affirmed a district court in Virginia's order denying qualified immunity and judgment notwithstanding the verdict to Virginia jail officials. Virginia jail prisoners filed suit claiming overcrowding, poor sanitation, understaffing, and lack of a law …
Secret Court Docket Practice Exposed
Article • December 15, 2003 • from PLN December, 2003
Filed under: Criminal Prosecution, Informants, Judiciary, Disclosure of Records, Family, Family Law
Secret Court Docket Practice Exposed by by David M. Reutter and Paul Wright One of the founding principles of the United States judiciary system is the right of access by the public and press. In their infinite wisdom, the authors of the Bill of Rights placed that principle within the …
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