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9th Circuit Affirms Court Access Case by In a wide ranging ruling, a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona prisoners' right of access to the courts. In the May 1994 issue of PLN we reported Casey …
Publication • 1995
Prison Law Library Guidelines A.A.L.L. 1994/95 Prison Law Library Guidelines 1994/1995 Prepared by a Joint Committee from the American Association of Law Libraries * American Library Association * American Corrections Association * &joined by Correctional Education Association * Introduction In Bounds v. Smith 430 U.S. 817 (1977), the United States …
Prisoners Can't be Forced to Choose Between Law Library and Recreation by John Allen is a Hawaii state prisoner held in a Special Housing Unit (SHU) after allegedly assaulting a guard. His SHU confinement was indefinite. While in SHU he could use the law library and outdoor recreation area only …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
Court Clerk Suable by Don Curry is an Illinois state prisoner who was convicted of sexual assault in 1990. He filed a notice of appeal in the county court. Illinois law requires, upon receipt of a notice of appeal, that the circuit court clerk prepare and deliver a copy of …
No Habeas for Jailhouse Lawyer Aid by In a rather novel ruling the third circuit has ruled that federal courts lack authority to issue writs of habeas corpus to ensure that an imprisoned pro se litigant has the assistance of a jailhouse lawyer at trial. Michael Jones is a New …
Article • March 15, 1995 • from PLN March, 1995
MI DOC Has Duty to Give Women Prisoners Legal Aid by Past issues of PLN have detailed the long running saga by Michigan state prisoners to ensure their right of access to the courts [See: PLN, Nov. 1994] whereby the DOC must provide them with either law library access or …
Contempt Finding Reversed by In 1980 prisoners at the Iowa State Penitentiary (ISP) entered into a consent decree, Dee v. Brewer, with prison officials which prohibited guards from searching or removing prisoners legal papers from their cells when the prisoner was not present, unless exigent circumstances existed. In 1993 ISP …
Article • January 15, 1995 • from PLN January, 1995
From a Michigan Reader by Reader Mail I was curious as to how you get your stories. They are very interesting, and that one in the Sept. issue about Emmett Jones and jury rigging in Michigan really hit close to home. I might have a story for you. I recently …
Article • January 15, 1995 • from PLN January, 1995
Law Library Access Not "Core" Bounds Requirement by In a major setback for Washington state prisoners the ninth circuit has held that prisoners do not have a right of access to prison law libraries. William Vandelft was infracted while at the Washington Corrections Center in Shelton. He served a sanction …
Article • January 15, 1995 • from PLN January, 1995
Legal Papers Filed When Mailed by Prisoner litigants representing themselves face greater problems when litigating than do most ordinary litigants. Not only are they usually untrained in the law but they lack control over basic things such as the mail. Courts operate on deadlines which often result in penalties for …
Article • January 15, 1995 • from PLN January, 1995
Activists Labeled "Security Threat" by Reader Mail Being labeled as a "Security Threat Group" (gang) means anyone that is organizing and whose actions are considered disruptive to the prison system. For the most part the state [OH] is not focusing on real gangs, but rather focusing on prison activists and …
Article • December 15, 1994 • from PLN December, 1994
Court Orders Return of Disks by Charles Oropallo is a New Hampshire state prisoner. Pursuant to prison regulations, in 1991 Oropallo ordered a Smith Corona word processor with disk storage capacity. In 1992, prison rules changed, prohibiting the possession of "computers" with a memory storage capacity. As a result, his …
Article • November 15, 1994 • from PLN November, 1994
Shortened Pens States Claim by Two prisoners in the segregation unit of the Waupun Correctional Institution at Waupun, Wisconsin, filed suit challenging the prison's practice of issuing segregation prisoners only the ink tube portion of a ball-point pen with which to write. Prisoners who modify the ink tube in anyway …
UT DOC Violates Court Access Rights by Utah state prisoners filed a class action suit against Utah Department of Corrections (UDC) officials claiming a failure to provide them with constitutionally adequate access to the courts. The district court agreed with the prisoners and issued an injunction ordering the UDC to …
Article • November 15, 1994 • from PLN November, 1994
State Must Provide Assistance for Parental Suits by Women prisoners in Michigan filed a class action suit against the Michigan Department of Corrections (DOC) challenging the decision to reduce funding to Prison Legal Services in order to end PLS assistance in parental rights matters. The prisoners argued that the decrease …
Article • November 15, 1994 • from PLN November, 1994
Idaho Cons Entitled to Pen and Paper by This is an Idaho criminal case which addresses prisoner's right of access to the courts in the habeas context, we address only that part of the case dealing with prison conditions. In 1989 James Free was convicted and sentenced to a term …
Article • November 15, 1994 • from PLN November, 1994
Transferee Entitled to Sending State Case Law by James Clayton is an Oklahoma state prisoner subjected to an involuntary out of state transfer to New Mexico. Clayton had several pro se legal matters pending in Oklahoma state courts at the time of his transfer. The New Mexico prison system did …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
Article • October 15, 1994 • from PLN October, 1994
Florida Prisoners Have Right to Attend Forfeiture Trial by A Florida state prisoner whose property was the subject of a forfeiture proceeding while he was imprisoned had a right under the due process clause of the Florida Constitution to be present at the trial, the Florida Court of Appeals for …
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