Right to Counsel Violated by Intrusive Guards by A federal district court ruled that a criminal defendant's right to counsel was violated by the refusal of guards to allow unmonitored communication between him and his attorney. On January 26, 1990 David Lakin and four other prisoners abducted two guards while …
AL DOC Settles PLN Gift Subscription Lawsuit by On March 29, 2000, the Alabama Department of Corrections (DOC) settled a lawsuit filed by Prison Legal News and Alabama prisoner Aven Cotton. The Alabama DOC had previously required its prisoners to purchase books, magazines and newspaper subscriptions using funds from their …
Sixth Circuit Orders Retrial of Retaliation Suit by by Matthew T. Clarke The Sixth Circuit court of appeals has ordered the retrial of a lawsuit by the surviving mother of a deceased ex-prisoner against a guard who allegedly retaliated against her son because the mother requested the guard's name and …
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
PLN in Court by Paul Wright Since PLN started in 1990 we have been censored in prisons and jails around the country. We have always attempted to resolve censorship issues administratively, but in cases where the goal was to keep PLN out of prison at any cost, that obviously wasn't …
Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E Dannenberg Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E. Dannenberg The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment …
Vincent v. Martin, MI, Memo and Order, Right to Counsel, 2000 2:99-cv-71416-AC Doc # 81 Filed 04/28/00 Pg 1 of 14 Pg ID 178 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOHN VINCENT, Sr. and JOHN VINCENT, Jr., Plaintiffs, Case No. 99-CV-71416 V. HONORABLE AVERN COHN BILL …
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
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. …
$105,000 Awarded in Michigan Wrongful Imprisonment Suit by On April 14, 1999, a Wayne county jury in Michigan awarded Willie Thomas Jr., Larry Reid and Edward Grant $35,000 in damages each. The three men had been Michigan state prisoners who were released after serving their entire sentences. Several months later, …
Hearing Required Prior to Automatic Termination Under PLRA by The Eleventh Circuit has held that a federal district court must hold a hearing on the current conditions at the prison and the scope of the prospective relief to be terminated before terminating prospective relief in a prison conditions lawsuit under …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
PLRA Attorney Fees Cap Violates Equal Protection Clause by by Matthew T. Clarke A federal district court in Michigan has held that the attorney fees cap in the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(d), violates the equal protection component of the Due Process Clause of …
Michigan DOC Settles Lawsuit Over PLN Book Ban by In April, 1999, the Michigan DOC settled a class action lawsuit filed by Prison Legal News, Common Courage Press, and Michigan prisoners Larry Lynch and Calvin Holmes over the censorship of the PLN anthology, The Celling of America: An Inside Look …
Michigan DOC Settles DOJ Sexual Abuse Lawsuit by Maia Justine Storm This past May, the Michigan Department of Corrections (MDOC) agreed to settle a lawsuit filed by the U.S. Department of Justice (DOJ) which alleged a pattern and practice of sexual misconduct and invasions of privacy at the women's prisons …
Eleventh Circuit Upholds Constitutionality of PLRA's Automatic Termination Provision by The Eleventh Circuit court of appeals has upheld the constitutionality of the immediate termination provisions of the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b)(2). Alabama women state prisoners filed a class-action civil rights suit under 42 U.S.C. § …
Amended Complaint Filed Outside Limitations Period Relates Back by A federal district court in Michigan held that an amended complaint using proper names for "John Doe" defendants, filed outside the statute of limitations was not untimely because the claims related back to the original complaint. The court also held that …
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 …
Alabama Prison Officials Held in Contempt Again by A federal district court held Alabama prison officials in contempt for violating a 12-year-old Consent Decree. The court also awarded attorney's fees against the state and dissolved the decree pursuant to the Prison Litigation Reform Act, (PLRA). In 1983, prisoners in an …
