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Article • August 15, 2002 • from PLN August, 2002
PLRA and AEDPA Have Different Effects on Prisoner Petitions by In a December 2001 special report, the Bureau of Justice Statistics, a division of the U.S. Department of Justice, determined that the Prison Litigation Reform Act (PLRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) have had significant, but …
Article • July 15, 2002 • from PLN July, 2002
Texas Prisoners Have No Absolute Right to Appear in Civil Cases by by Matthew T. Clarke A court of appeals in Texas has ruled that Texas prisoners have no absolute right to personally appear at legitimation hearings, though they do have the right to appear by affidavit, telephone, or other …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
Article • January 15, 2002 • from PLN January, 2002
Iowa Law Library Consent Decree Terminated Under PLRA by A federal district court in Iowagranted prison officials' motion for termination of a consent decree requiring the maintenance of law libraries, pursuant to the Prison Litigation Reform Act, (PLRA). In 1973 Charles Martin, a prisoner of the Iowa State Penitentiary (ISP), …
Article • November 15, 2001 • from PLN November, 2001
Cell Search, Property Seizure Suit Set for Trial by Cell Search, Property Seizure Suit Set For Trial A federal district court in Delaware held that summary judgment was not appropriate to decide if a prisoner's cell had been illegally searched and his papers improperly seized. Michael Jordan, a Delaware prisoner, …
Jailhouse Lawyering Protected; Frivolous Claims Are Not by John E Dannenberg by John E. Dannenberg The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can …
Article • October 15, 2001 • from PLN October, 2001
Filed under: Reviews, Court Access
California State Prisoner's Handbook by John E Dannenberg by Steven Fama, et. al. Subtitled a "Comprehensive Practice Manual" for California prisoners, the new 3rd edition of the California State Prisoners Handbook easily lives up to its billing. Covering in detail all aspects of California prisoners' interaction with the "correctional experience" …
Maynor v. Morgan County, AL, Consent Decree, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 45 Filed 09/25/01 Page 1 of 18 F·- 11'··~ L::. ·-.. r·) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA 01SEP25 PM 3: 32 NORTHEASTERN DMSION U.S. DiS: r.;~: N.O. OF AL …
Article • September 15, 2001 • from PLN September, 2001
Ninth Circuit Reverses Time-Barred Habeas Petition by The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a …
Article • September 15, 2001 • from PLN September, 2001
Legal Research: How to Find and Understand the Law by Sam Rutherford by Stephen Elias and Susan Levinkind Legal Research does exactly what its title indicates; it explains how to find and understand the law. The book is written in easy to understand language, while imparting a vast amount of …
Trial Required in Oregon Law Clerk Retaliation Suit by A federal district court in Oregon denied, in part, prison officials' motion for summary judgment on a claim of retaliatory removal from a prison job. The court also rejected prison officials' defense of qualified immunity. State prisoner Darrick Hunter was removed …
Retaliation Claim Merits Factual Resolution by An Arizona federal district court has held that a prisoner's claims that he was subjected to urinalysis, placed in administrative segregation, classified as a gang member and denied access to the law library as retaliation for filing civil actions against prison officials warranted proceedings …
Texas Prisoner Takes Hostages by On January 5th at approximately 10:30 pm a Texas prisoner used a fake gun to back down an armed guard and hold an entire SWAT team at bay for over an hour. Dekenya Nelson used a hairbrush, soap, a deodorant bottle, and pages from the …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Right to Appear at Civil Court Hearings by An appeals court in Texas has held that Texas prisoners have the right to appear-either in person, by affidavit, by depostition, by telephone, or by teleconferencingat court hearings in civil cases. Richard Owen Taylor, a Texas state prisoner, filed …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
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