Skip navigation

Search

101 results
Page 4 of 6. « Previous | 1 2 3 4 5 6 | Next »

Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
Challenge to Legal Supplies Indigent Rule Dismissed by The plaintiff sought a writ of mandamus to order the state correction department to provide him and all other inmates legal materials on request, contrary to its policy that no one is considered indigent and eligible for free services until after 90 …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
Article • May 15, 2007
Seventh Circuit Discusses Res Judicata and Collateral Estoppel by The U.S. Court of Appeals for the Seventh Circuit held that the doctrines of res judicata and collateral estoppel barred federal civil right actions against county and village officials for due process violations because a successful state mandamus action based upon …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Petition Deemed Filed When Given to Prison Officials by Florida's First District Court of Appeal held that a prisoner's petition for a writ of mandamus was timely filed under the "mailbox rule." The circuit court dismissed as untimely the underlying petition challenging disciplinary sanctions, which must be filed …
Article • May 15, 2007
Alcoholic WA Prisoners not Entitled to Individualized Treatment by The Washington Supreme Court held that prisoners were not entitled to "individualized comprehensive treatment modalities" for alcoholism. Four prisoners at the Washington State Penitentiary filed petitions for writs of mandamus, claiming that state law guaranteed them the right to comprehensive alcoholism …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
Florida Prisoner's Disciplinary Challenges Reversed for Further Proceedings by Two separate Florida District Court of Appeals decisions have reversed the dismissal of two prisoners' civil actions that challenged disciplinary reports. Prisoner Craig A. Savery was disciplined for possession of narcotics. Savery's initial appeal to Tomoka Correctional Institution's Warden was denied. …
Illinois Appeals Court Reinstates Prisoner's Disciplinary Mandamus Petition by The Appellate Court of Illinois, Fourth District, held that prisoner in the Illinois Department of Corrections (DOC) had adequately stated causes of action for mandamus relief pertaining to disciplinary sanctions imposed against him. On September 11, 2002, William Cannon, Jr., a …
Article • January 15, 2005 • from PLN January, 2005
Non-Contact Visits for Pennsylvania Sex Offenders Upheld by The Pennsylvania Court of Appeals held that a convicted sex offender confined at the State Correctional Institution at Waymart (SCI-Waymart) did not have a right to contact visits with minor children. Jeffrey Garber, a prisoner of the Pennsylvania Department of Corrections (PDOC) …
Article • November 15, 2004 • from PLN November, 2004
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, …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Mandamus Available to Review Oregon Disciplinary Orders by The Oregon Court of Appeals held that prison disciplinary orders may be challenged in a mandamus action. The court also held that the trial court erred in imposing previously deferred filing fees. For many years, Oregon prisoners could challenge certain prison disciplinary …
Article • February 15, 2004 • from PLN February, 2004
Montana Supreme Court Denies Hepatitis-C Treatment by A divided Montana Supreme Court denied a state prisoner's habeas corpus petition seeking treatment for his Hepatitis-C (Hep-C) disease because the factual basis presented was inadequate. Keith Brown, incarcerated at the Crossroads Correctional Center in Shelby, Montana, alleged he suffers from diagnosed Hep-C …
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 • March 15, 2003 • from PLN March, 2003
Habeas Corpus Sole Remedy for BOP Sentence Reduction by Michael Bourke was convicted in federal court of possessing a machine gun and a controlled substance. He completed a drug treatment program in prison and then sought a one year reduction in sentence pursuant to 18 U.S.C. § 3621(e)(2)(B). The Bureau …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • May 15, 2002 • from PLN May, 2002
TDCJ-ID Must Provide Procedures for Prisoners to Identify Evidence Supporting Grievances by by Matthew T. Clarke A Texas court of appeals has ruled that the Texas prison system is required by law to provide procedures for a prisoner to identify evidence to substantiate the prisoner's claim. Charles William Ingram, Jr., …
Article • April 15, 2002 • from PLN April, 2002
Florida's Prisoner Indigency Statute Unconstitutional by The Florida Supreme Court, in two separate cases, has held that Florida's Prisoner Indigence Statute (PIS) is unconstitutional, and ordered reinstatement of cases dismissed for failing to comply with PIS. Prisoner Douglas M. Jackson, Sr., filed a writ of mandamus seeking to compel the …
Page 4 of 6. « Previous | 1 2 3 4 5 6 | Next »