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DC Circuit Creates New Immunity Rule: Supreme Court Grants Review by The court of appeals for the DC circuit, on rehearing en banc, overruled prior circuit precedent by holding that a civil rights plaintiff is no longer required to plead a government official's unconstitutional intent with specific discernible facts or …
Article • August 15, 1997 • from PLN August, 1997
Michigan DOC Held in Contempt in Court Access Case by A federal district court in Michigan found the Michigan DOC to be in contempt of previous court orders and a consent decree governing court access and programming opportunities for women prisoners. The case began as a class action suit filed …
Article • August 15, 1997 • from PLN August, 1997
Florida Ban on Prisoner Legal Help Struck Down by A state district court of appeals held that Florida DOC rules were unconstitutional to the extent that they purport to prohibit prisoners in disciplinary confinement from filing federal petitions seeking habeas corpus, or civil rights complaints alleging violations of federally protected …
Article • July 15, 1997 • from PLN July, 1997
Prison Pay Policy May Violate Court Access by The court of appeals for the eighth circuit held that a prison pay policy requiring prisoners to buy hygiene items and litigation supplies may violate prisoners right of access to the courts. Three Iowa state prisoners in administrative segregation (ad seg) challenged …
Hygiene and Retaliation Claims Require Trial by The court of appeals for the tenth circuit held that a prisoner's retaliation claim and claim that he had been denied hygiene items required a trial. The court affirmed dismissal of claims regarding inadequate law library access and his placement in administrative segregation …
Article • July 15, 1997 • from PLN July, 1997
Automatic Stay Provisions by After a federal district court in Michigan found the Michigan DOC guilty of contempt for not complying with prior judicial orders on the prisoners' court access and educational opportunities, see: Glover v. Johnson, 934 F. Supp. 1360 (ED MI 1996), the defendants moved to immediately terminate …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • July 15, 1997 • from PLN July, 1997
State Must Pay for Prisoner Witnesses by A federal district court in California held that courts may issue writs of habeas corpus ad testificandum to ensure prisoner witnesses are produced to testify in court on behalf of a prisoner plaintiff. The court also held that the cost of transporting and …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • May 15, 1997 • from PLN May, 1997
Sixth Circuit Defines Legal Mail by The court of appeals for the sixth circuit has held that "legal mail" encompasses legal materials delivered to prisoners by any means, not just via the postal system. As such, the legal materials cannot be inspected outside the prisoner addressee's presence. Temujin Kensu is …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …
Article • April 15, 1997 • from PLN April, 1997
Filed under: Reviews, Resources, Court Access
FJC Prisoner Litigation Guide by The Federal Judicial Center, a branch of the federal judiciary, has published a 172 page book, "Resource Guide for Managing Prisoner Civil Rights Litigation." The book is written for judges and court personnel who receive, process and rule on prison suits. The book pays special …
Article • April 15, 1997 • from PLN April, 1997
Law's Nature by Mumia Abu-Jamal "Laws grind the poor, and rich men rule the law." Oliver Goldsmith, The Vicar of Wakefield (1766) For many jailhouse lawyers, especially those new to the craft, there is a sort of "awe" that governs their study, contemplation and utility of the law. Like new …
Article • April 15, 1997 • from PLN April, 1997
Copying Claims Not Barred by Res Judicata by The court of appeals for the ninth circuit held that an Alaska state prisoner's claim that he was denied photocopies was not barred by res judicata where a similar claim was litigated in a class action suit but the issue was not …
Article • March 15, 1997 • from PLN March, 1997
Used Law Books Not Good Enough in California by The California Department of Corrections bought used law books from National Law Resources of Chicago for its High Desert State Prison last year at a savings to taxpayers of $69,000. But, the CDC claimed some of the used books contained "paper …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Reviews, Court Access
Book Review: Constitutional Rights of Prisoners by Fifth edition, is an 804 page book by law professor John Palmer. The book examines the history, evolution and current state of prisoner rights, with extensive case citations. Organized into thirteen chapters Palmer examines the use of force; right to visitation, association, mail …
Article • February 15, 1997 • from PLN January, 1997
Filed under: Reviews, Court Access
Prisoner Litigation in the US Courts by This is a 311 page book by federal District of Columbia district court judge Charles Richey. The book is aimed primarily at federal court judges who must deal with pro se prisoner litigation. It also gives an excellent explanation of procedural and constitutional …
Article • February 15, 1997 • from PLN January, 1997
Washington Prisoner May Have Right to Attend Paternity Hearing by The Washington state court of appeals for Division II held that a county trial court erred when it did not consider a prisoner's motion to be allowed to attend a paternity hearing. Argie Dorsey was incarcerated when he was served …
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