Skip navigation

Search

125 results
Page 4 of 7. « Previous | 1 2 3 4 5 6 7 | Next »

Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
Article • May 15, 2007
Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act by Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act Steven Jacob, a Nebraska state prisoner, filed a lawsuit in state court challenging the validity of the State Private …
Article • May 15, 2007
Mentally Disturbed Prisoner Capable Of Own Litigation For Method Of Execution by The Fifth Circuit held Texas State prisoner Angel Maturino Resendiz was competent to litigate his 42 U.S.C. § 1983 suit alleging Eighth Amendment violation for the method of his execution; however, the lower court erred by dismissing with …
Article • May 15, 2007
Filed under: Court Access, Standing, Parties
Court Permission Must Be Sought for Party to Proceed Anonymously by The plaintiffs sought to challenge the Utah fornication and sodomy statutes, and to do so pseudonymously. At 1172: When a party wishes to file a case anonymously or under a pseudonym, it must first petition the district court for …
Article • May 15, 2007
Private Transportation Company Owes No Legal Duty To Escapee's Victim's Family by In 1999, Kyle Bell was tried and convicted of the 1993 murder of Jeanna North by the state of North Dakota. Transcor America Inc., a private prison transportation company, was contracted by the state of North Dakota to …
Article • May 15, 2007
Class Representatives Have Standing to Enforce Settlements by Class representatives moved to enforce a settlement, and the motion was opposed on the ground that they had not personally suffered the injuries set out in the motion and therefore lacked standing. At 173 n.10: Although, upon certification of a class, the …
Court Denies Certification to Class of Involuntarily Operated On Mental Patients by Court Denies Certification to Class of Involuntarily Operated On Mental Patients Developmentally disabled persons challenged the District's policy of allowing city officials to consent to elective surgical procedures on their behalf (in the named plaintiffs' cases, two involuntary …
Court Invalidates BOP Prisoners' UCC Liens Against Judges and Officials by A Virginia federal district court has entered a permanent injunction against two federal prisoners who filed liens under the Uniform Commercial Code (UCC) against judges and prison officials. The United States government brought this action against Lorenzo Grade Martin …
Prisoner Rape Is Torture by Stop Prisoner Rape The U.S. has arrived at a critical moment of truth in addressing the sexual violence that plagues its prisons and jails. The failure of Departments of Corrections nationwide to prevent sexual abuse behind bars and to adequately respond to those who have …
Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
Article • December 15, 2005 • from PLN December, 2005
Disclosure of Washington State Prisoner Phone RatesDisclosure of Washington State Prisoner Phone Rates Stymied by the Courts by Disclosure of Washington State Prisoner Phone Rates Stymied by the Courts by John E. Dannenberg When recipients of Washington state prisoner-originated long distance phone calls sought to compel disclosure of the telephone …
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee by Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee Awarded Reversed, Injunction Upheld The Sixth Circuit Court of Appeals has reversed an award of attorney's fees, holding the …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Article • April 15, 2005 • from PLN April, 2005
Court Holds Florida's Administrative Processing Fee is Constitutional by by David M. Reutter On December 21, 2004, Florida's Leon County Circuit Court held that a 2004 law that imposed an administrative processing fee on monies deposited into prisoner accounts does not violate the Florida Constitution's single-subject rule. The December 2004 …
Article • May 15, 2004 • from PLN May, 2004
Third-Party Beneficiaries Can Enforce Terms of Settlement by Bob Williams The Tenth Circuit court of appeals has held that a prisoner was entitled to seek enforcement of a two-decade old settlement agreement as a third-party beneficiary and invoke the court's continuing jurisdiction. In 1981, Kenneth Floyd and nine other Colorado …
Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process by Mentally Incapacitated Oregon Pretrial Detainees Denied Due Process The Ninth Circuit Court of Appeals held that under Oregon law, state mental hospitals have a duty to accept mentally incapacitated criminal defendants for evaluation and treatment, once certified as mentally incapacitated by …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Page 4 of 7. « Previous | 1 2 3 4 5 6 7 | Next »