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Article • April 15, 2000 • from PLN April, 2000
En Banc Ninth Circuit Upholds Jail Porn Ban by Paul Wright By Paul Wright In the February, 1999, issue of PLN we reported Mauro v. Arpaio, 147 F.3d 1137 (9th Cir. 1998) where a panel of the Ninth circuit appeals court held that a jail policy banning all sexually explicit …
Article • April 15, 2000 • from PLN April, 2000
Error in Electronic Docket Tolls Appeal Deadline by The court of appeals for the Eleventh circuit held that a lawyer's reliance on a district court's electronic docketing system to monitor a case's progress would toll the 30 day time limit in which to file a notice of appeal. As state …
Article • April 15, 2000 • from PLN April, 2000
Class Action Prisoners Must Show Actual Injury to Maintain Access to Courts Relief by by Matthew T. Clarke The Sixth Circuit has held that prisoner plaintiffs in a class action access to courts lawsuit must show widespread actual injury to maintain an injunction previously ordered by the federal district court. …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Reviews, Crime, Court Access
Federal Criminal Defendant's Handbook: Negotiating the Long, Lonely Road from Arrest, to Prison, to Freedom by Paul Wright by Douglas Hill, J.D., Kensington Publishers, 208 pages Reviewed by Paul Wright. A common refrain among jailhouse lawyers that have successfully learned how to navigate the legal system while imprisoned is "I …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Reviews, Court Access
Reviews: Legal Research: How to Find & Understand the Law, 7th ed. by Allan Parmelee Reviews: Legal Research: How to Find & Understand the Law, 7th ed. by Stephen Elias and Susan Levinkind, Nolo Press, 392 pages. Reviewed by Allan Parmelee Have you ever wondered what the difference is between …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
West Virginia Supreme Court Upholds Computer Ban by In the February, 1998, issue of PLN we reported that the West Virginia Department of Corrections (DOC) had prohibited its prisoners from having personal computers in their cells. In the previous decade West Virginia, New Jersey, Wyoming, Alaska and a prison in …
Article • November 15, 1999 • from PLN November, 1999
Request for Telephonic Appearance Must Be Considered by The Idaho Court of Appeals held that a prisoner's due process rights were violated when a magistrate failed to consider his request to appear telephonically in a child support action. In April, 1997, the Idaho Bureau of Child Support (Bureau) brought an …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
Article • September 15, 1999 • from PLN September, 1999
Physical Injury Requirement Doesn't Apply to Court Access Claims by A federal district court in Illinois held that 42 U.S.C. § 1997e(e), which conditions prisoners' right to file suit in federal court on the suffering of physical injury, does not apply to court access claims. The court held that it …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Can Attend His Civil Trial at Government Expense by A federal district court in Maryland held that it would permit a federal prisoner, confined in Pennsylvania, to personally attend his three-day civil rights trial in Greenbelt, Maryland, at government expense. In separate incidents in 1993 and 1994, Anthony Hawks …
Article • July 15, 1999 • from PLN July, 1999
Iowa to Close Prison Law Libraries by In February, 1999, Iowa Department of Corrections director W.L. "Kip" Kautzky announced that within the next two years all prison law libraries in Iowa would be phased out. Kautzy claimed that the state of Iowa currently spends $500,000 a year to maintain its …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
PLRA Physical Injury and Administrative Exhaustion Requirements Not Retroactive by A federal district court in Illinois held that 42 U.S.C. § 1997e(a), which requires administrative exhaustion before prisoners file suit, and 42 U.S.C. § 1997e(e), which requires physical injury, before prisoners can file suit, do not apply retroactively to suits …
Prisoner May Not File Unsigned Complaint for Another Prisoner by The Fifth Circuit court of appeals has held that the a pro se prisoner's civil rights complaint was time barred even though a prisoner assisting the pro se prisoner filed a timely unsigned complaint. Raul Gonzales, a Texas state prisoner, …
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