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Article • October 15, 1998 • from PLN October, 1998
Arizona Paralegals Obstruct Court Access by by [AZ prisoner, name withheld by request] The elimination of Arizona prison law libraries is an experiment that other states (and the courts) are watching. Does the contract paralegal system work? And does it provide constitutionally adequate access to the courts? After one year …
Struggling Against the Death Machine by Dan Pens Imagine your entire life concentrated within one tiny cage. Twenty-four hours, by seven days, times three-hundred sixty-five. The state of Pennsylvania owns the cage. Everything you own, everything you do, is squeezed into that suffocating space. There is nothing else. The State …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Criminal Law by Paul Wright Criminal Law is an 809 page book designed for criminal justice personnel, judges, prosecutors, police, etc. The book is extremely useful for anyone seeking a basic understanding of substantive criminal law. It does not deal with criminal procedure. With extensive state and federal case citations …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Connecticut Prisoner Rights by Paul Wright Connecticut Prisoner Rights is a brand new 232 page book produced by the Connecticut Civil Liberties Union and the Jerome Frank Legal Services Organization of Yale Law School. A group effort by Peter Stern and numerous other law students and attorneys, the end result …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Reviews, Court Access
Briefs of Leading Cases in Corrections by Paul Wright Briefs of Leading Cases in Corrections is a 268 page book by Rolando Del Carmen, Susan Ritter and Betsy Witt, which gives a summary and synopsis of 113 United States supreme court cases dealing with prisons, jails, probation, parole, the death …
Article • August 15, 1998 • from PLN August, 1998
Idaho Law Libraries Closed, Pillaged by M.M. Following the lead of Arizona [See: "Experiment in Access" Oct '97 PLN ], the Idaho DOC, on January 19, 1998, revised their method of providing court access to Idaho prisoners. Under the revised policy, the law libraries in Idaho prisons will permanently close. …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Article • June 15, 1998 • from PLN June, 1998
Illinois Court Access Suit Dismissed by When the U.S. supreme court decided Lewis v. Casey , 116 S.Ct. 2174 (1996) [ PLN , Aug. 1996] PLN noted that the ruling essentially gutted prisoners' right of access to the courts and made it virtually impossible for class action court access claims …
Pro Se Tips and Tactics: Limiting the Burdens of Pro Se Inmate Litigation by John Midgley Review of Limiting The Burdens Of Pro Se Inmate Litigation: A Technical Assistance Manual For Courts, Correctional Officials, And Attorneys General , by Lynn S. Branham (American Bar Association, 1997). Given all the anti-prisoner …
Article • May 15, 1998 • from PLN May, 1998
AZ Prisoners Have Right to Attend Paternity Hearings by An Arizona state court of appeals held that Arizona prisoners have a right to attend paternity hearings in person or telephonically. Lenny Valentine, an Arizona state prisoner, had a paternity judgment entered against him. A hearing to establish a child support …
Article • April 15, 1998 • from PLN April, 1998
BJS Reports Prison Litigation Statistics by The Bureau of Justice Statistics (BJS) released the report Prisoner Petitions in the Federal Courts, 1980-96 in October, 1997. According to the report, the rate at which state and federal prisoners filed petitions in U.S. district courts (habeas and section 1983 petitions combined) fell …
Article • April 15, 1998 • from PLN April, 1998
Alaska Computer Printer Ban Questioned by The supreme court of Alaska held that a state superior court wrongly granted summary judgment to prison officials in a lawsuit challenging a ban on computer printers in the prisoners' cells. Geoffrey Mathis is an Alaska state prisoner. In 1993 prison officials issued a …
Article • April 15, 1998 • from PLN April, 1998
Filed under: Court Access, Judiciary
The Limits of the Law by Mumia Abu-Jamal Human law is law only by virtue of its accordance with right reason, and by this means it is clear that it flows from eternal law. In so far as it deviates from right reason it is called an unjust law; and …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
Legal Papers Must be Returned to Owner; Prisoner Legal Mail Banned by The court of appeals for the eighth circuit held a district court erred when it ordered prison officials to allow prisoner co-plaintiffs to correspond with each other about their case. The court affirmed an injunction requiring prison officials …
Idaho Court Access Class Action Suit Proceeds by Afederal district court in Idaho denied prison officials' motion to dismiss a lawsuit challenging inadequate court access and to decertify the case as a class action suit. In 1992 Idaho prisoners at two prisons filed a class action suit challenging the operation …
Article • January 15, 1998 • from PLN January, 1998
Legal Material Confiscation May Violate First Amendment by The court of appeals for the eighth circuit held that a factual dispute required a trial to determine if a prison package policy was arbitrarily applied in a manner that violated the first amendment. Clyde Weiler, a Missouri state prisoner, was sent …
Article • January 15, 1998 • from PLN January, 1998
Filed under: Court Access, Judiciary
Judge-Made Law by Mumia Abu-Jamal The plaintiff was urging a legal rule which you thought was wrong. I thought it was legally right, but very unjust, and I didn't want to apply it. So, I made up my mind to lick the plaintiff on the facts. And by giving him …
Article • December 15, 1997 • from PLN December, 1997
New Jersey Jail Brutality Settlement by Seventeen former detainees of the Sussex County (NJ) Jail settled a lawsuit alleging a pattern and practice of guard brutality, inadequate medical and psychiatric care, and inadequate legal access. As part of the settlement, the county agreed to pay $372,000; install video surveillance cameras …
Article • November 15, 1997 • from PLN November, 1997
Filed under: Reviews, Court Access
Detention and Corrections CaseLaw Catalog by Paul Wright By Paul Wright If you are a jail or prison litigator have you ever wished for a digest of all the major and most of the minor cases dealing with the subject you're litigating? I know I have. Hours spent poring over …
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