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Article • August 15, 2004 • from PLN August, 2004
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 …
Article • July 15, 2004 • from PLN July, 2004
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, …
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 …
Article • July 15, 2004 • from PLN July, 2004
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 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 …
Article • July 15, 2004 • from PLN July, 2004
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 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 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, …
Article • May 15, 2004 • from PLN May, 2004
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 …
Article • April 15, 2004 • from PLN April, 2004
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 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 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 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 …
Article • December 15, 2003 • from PLN December, 2003
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 …
Article • December 15, 2003
Class Certification in Texas Jail Court Access Case by The Fifth Circuit Court of Appeals reversed a U.S. District Court for the Western District of Texas that refused to grant class certification of a suit brought by indigent prisoners of the Bexar County Jail in Texas regarding the inadequacy of …
Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Article • December 15, 2003
European Human Rights Court Upholds French Guerrilla's Solitary Confinement; Awards 10,000 Euros by European Human Rights Court Upholds French Guerilla's Solitary Confinement; Awards 10,000 Euros French political prisoner Ilich Ramirez Sanchez appealed a decision of the Chamber of the First Section of the European Court of Human Rights that being …
Article • November 15, 2003 • from PLN November, 2003
Ninth Circuit Judge Investigated for Writing Condemned Prisoner by by Marvin Mentor California Attorney General Bill Lockyer called into question the impartiality of Ninth Circuit Judge Alex Kozinski as to death penalty cases after Kozinski and two other Ninth Circuit judges visited San Quentin State Prison in California, speaking with …
Article • November 15, 2003 • from PLN November, 2003
Texas Courts Clarify Prisoners' Right to Civil Bench Warrant by by Matthew T. Clarke The mechanism for a Texas pro se prisoner to gain transport to court for a hearing is to file a motion for bench warrant or petition for a writ of habeas corpus ad testificandum (WHCAT). Two …
Article • October 15, 2003 • from PLN October, 2003
Thomas and Scalia Flunk History by Scott Christianson The unanimous decision of the United States Supreme Court in Overton v. Bazzetta, upholding Michigan's punitive restrictions on prisoners' visiting rights, showed again how antagonistic the Rehnquist Court is toward prisoners' rights compared to the Burger Court. But the Court's two most …
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