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Jailhouse Lawyers Retain Right to Assist Prisoners by The court of appeals for the ninth circuit has held that prison officials are not entitled to qualified immunity when they punish a jailhouse lawyer for assisting another prisoner. Terry Newell, an Alaska state prisoner, was employed as a prison law library …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Article • February 15, 1996 • from PLN February, 1996
How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts by Van Poyck, William by William Van Poyck and Enrique J. Diaz Although prisoners' constitutional right to meaningful access to the courts has been clearly established for almost three decades, the Florida DOC continues to evade and …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Court Access, Mootness
Court Access in Massachusetts DDU Challenged by Afederal district court in Massachusetts expressed severe reservations about the court access afforded to prisoners confined in that state's control unit, or Departmental Disciplinary Unit (DDU). Manuel Ferreira was placed in the DDU after being infracted for allegedly leading a group demonstration. He …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Article • December 15, 1995 • from PLN December, 1995
Sending State Responsible for Legal Materials by The ninth circuit has agreed with other circuits, holding that when a state prisoner is transferred to another state, the sender is responsible for ensuring the prisoners' access to the courts. James Boyd is a Kansas state prisoner who was transferred to the …
Article • December 15, 1995 • from PLN December, 1995
10th Circuit Vacates Utah Court Access Order by In the November, 1994, issue of PLN we reported Carper v. Deland, 851 F. Supp. 1506 (D UT 1994) which involved a class action suit filed by Utah state prisoners claiming that the DOC's method of providing court access, contract attorneys with …
Withholding of Legal Papers Illegal by A federal district court in New York has held prison guards liable for withholding a prisoner's legal papers for more than two years. The court awarded the plaintiff one dollar in nominal damages and $500 in punitive damages to deter further conduct by prison …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
Article • October 15, 1995 • from PLN October, 1995
AZ's War on the Federal Judiciary by In large class action suits when courts find constitutional violations they sometimes order large-scale changes. This is especially the case in institutional reform litigation that typically involves prisons. To ensure that court orders are being carried out and to measure progress, which sometimes …
AZ Court Affirms Food Packages by In an Order dated April 7, 1995, United States District Judge C.A. Muecke ruled in Hook v. Arizona, No. CIV 73-97 PHX CAM, that Arizona inmates will continue to receive three 25 pound food packages at Christmas. Arizona inmates will also be allowed once …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Reviews, Court Access
The Citebook by Paul Wright Review by Paul Wright The Citebook is a 275 page book written by Tony Darwin designed to help laypersons help themselves in researching their litigation. Now in its eleventh printing the book is organized by subject and gives a brief description of relevant cases. This …
Article • October 15, 1995 • from PLN October, 1995
Detainees Entitled to Exercise and Law Library by Pretrial detainees, like convicted prisoners, retain a right of access to the courts and to outdoor exercise. Jim Housley was a pretrial detainee in the Custer County jail in Oklahoma. He filed suit under 42 U.S.C. § 1983 claiming that his constitutional …
All Writs Act Limited by The seventh circuit court of appeals has given a narrow interpretation to the All Writs Act, 28 U.S.C. § 1651, by holding that a district court lacked the authority to order the Illinois DOC to transport a prisoner to a medical expert witness's office for …
Article • September 15, 1995 • from PLN September, 1995
Filed under: Reviews, Court Access
New Prisoners' Self Help Litigation Manual by Paul Wright Reviewed by Paul Wright The Prisoners' Self Help Litigation Manual (PSHLM) by Dan Manville first appeared in 1983. It was designed to give prisoners an overview of the legal system, a basic overview of what their rights are and guidance on …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • June 15, 1995 • from PLN June, 1995
Pen, Photocopies and Exercise Must Be Provided by Prisoners held in segregation and control units have a clearly defined right to court access, which includes proper writing materials and adequate writing materials. They also have a well defined right to outdoor exercise. John Allen and Terry Smith are Hawaii state …
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