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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 …
Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright Washington DOC Ban on Bulk Mail and Catalogs Enjoined in PLN Suit, Due Process Required by Paul Wright On June 17, 2003, Seattle federal district court judge Robert Lasnick issued a permanent …
Article • June 15, 2003 • from PLN June, 2003
Texas Prisoners Have Limited Right to Appear at Expungement Hearing by Texas Prisoners Have Limited Right to Appear at Expungement Hearing by Matthew T. Clarke Guadalupe Guajardo, Jr., a Texas state prisoner, filed a motion to expunge the record of two of his prior arrests pursuant to Articles 55.01 and …
Injunction Allows Legal Mail Between Iowa Prisoners by The U.S Court of Appeals for the 8th Circuit recently upheld a preliminary injunction enjoining Iowa prison officials from interfering with prisoner-to-prisoner legal mail. The U.S. District Court for the Southern District of Iowa imposed the injunction to ensure the prisoners' right …
Prisoner Rights Litigation, John R. Williams, 2003 PRISONER RIGHTS LITIGATION John R. Williams 51 Elm Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 E-Mail: jrw@johnrwilliams.com Because prisoners do not forfeit all civil rights upon conviction, other actions under Section 1983 also are available even to sentenced inmates. There is no …
Article • May 15, 2003 • from PLN May, 2003
Filed under: Reviews, Court Access
Writing to Win by John E Dannenberg by Steven D. Stark, Broadway Books, 1999, soft back, 283 pages Review by John E. Dannenberg Write succinctly! Or, alterna-tively, bore your intended reading audience to death with burdensome legal treatises steeped in excessive, redundant verbosity, liberally laced with old-as-the-hills cliches. Get it? …
Article • May 15, 2003 • from PLN May, 2003
Texas Pro Se Litigant Entitled to Notice of Hearing by Texas Pro Se Litigant Entitled to Notice of Hearing A Texas court of appeals has held that a pro se litigant who files an affidavit of indigence, when seeking to appeal an adverse ruling in a civil case in forma …
Article • April 15, 2003 • from PLN April, 2003
Filed under: Reviews, Court Access, Judiciary
Book Review: Law and the Rise of Capitalism by Peter Wagner by Michael E. Tigar & Madeleine R. Levy, New (2000) Edition by Michael E. Tigar, Monthly Review Press, 348 pages, $18.00 Review by Peter Wagner Famed litigator and scholar Michael Tigar has reissued his 1977 classic Law and the …
Article • March 15, 2003 • from PLN October, 2004
Georgia DOC to Provide Court Access With Computers, Legal Software by Georgia DOC To Provide Court Access With Computers, Legal Software The Georgia Department of Corrections (DOC) is changing the way it affords prisoners access to courts. Out are the six lawyers who provided prisoners with free legal assistance. In …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
Article • March 15, 2003 • from PLN October, 2004
Stun Belt Violates Due Process; Habeas Granted by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals held that the use of a stun belt to restrain a California criminal defendant during his trial violated due process of law and was grounds for reversal upon a …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Reviews, Court Access
The Citebook by Michael Rigby by Tony Darwin, Starlite, Inc., 2004, 20th ed., 308 pp., $35.95, soft cover Review by Michael Rigby For anyone not trained in the law, navigating the U.S. judicial system can be a daunting prospect. But with knowledge comes confidence, and that's exactly what Tony Darwin …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Article • February 15, 2003 • from PLN February, 2003
Protecting Your Health and Safety: A Litigation Guide for Inmates by Paul Wright by Robert Toone, Southern Poverty Law Center, 2002, 328 pages Review by Paul Wright The bottom-line for most prisoners is surviving prison. That means staying healthy, getting medical care as needed in a safe environment and not …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
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