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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 …
MO Court's HIV Disclosure Rule Struck Down by Judges in Cole County, Missouri enacted a local court rule requiring that jail officials inform them, in camera, whether a prisoner scheduled for a court appearance had an infectious disease or carried the HIV virus believed to cause AIDS. The purported reason …
Article • August 15, 1994 • from PLN August, 1994
Little Diversity in WA State Courts by A survey conducted by the Washington State Supreme Court's task force on diversity in the judiciary yielded not very surprising results. Out of 451 state judges in Washington 95 percent, all but 22, are white. Only three of those 22 are in courts …
OR DOC Held in Contempt for Retaliatory Transfer by In 1988 Arlen Smith and several other Oregon state prisoners sought judicial review of Oregon DOC administrative regulations in Oregon state courts. Shortly before the briefs were due, Smith, the initiator of the litigation, was transferred to the Nevada state prison …
Article • August 15, 1994 • from PLN August, 1994
Oppression on the Rise in Arizona by O'Neil Stough By O'Neil Stough Arizona has joined the ranks of many other prisons nationwide where oppressive and tried-and-failed barbaric methods of the distant past are being re-instituted. Governor Fife Symington, up for reelection this year, and Director of Corrections, Sam Lewis whose …
Article • July 15, 1994 • from PLN July, 1994
Lockdown May Be Unconstitutional by Danny Eason is a Texas state prisoner. After two disturbances, in which he was not involved, the prison he was housed in was locked down for a total of 25 days. He claimed that during this period he was denied access to the prison law …
ISR Seg Conditions Suit Not Frivolous by Twelve prisoners in the segregation unit of the Indiana State Reformatory (ISR) filed suit challenging their conditions of confinement. They claimed that their right to freely practice their religious faith was violated when they were denied access to religious programs; their right of …
Article • June 15, 1994 • from PLN June, 1994
Court Allows Video Commitment Hearing by Leroy Baker is a federal prisoner who was scheduled for a hearing to determine if he would be committed to a mental health facility. While there is nothing unusual about such hearings, this one was conducted by means of "teleconferencing" whereby Baker and his …
Intake Center Prisoners Have Right of Access to Courts by After conviction and sentencing, Oregon prisoners are taken to the Oregon Corrections Intake Center (OCIC) which conducts an initial assessment and classifies the prisoner to the prison he/she will ultimately be sent. The average stay is between four to twelve …
Article • June 15, 1994 • from PLN June, 1994
Filed under: Computers, Court Access
Computerless in Alaska by W.C. It was with intense interest that I read your editorial in the February, 1994, issue in which you described the end of your 5 year struggle to get your computers back for in-cell use. I am sorry to tell you, our struggle has only recently …
Improper Testimony Requires Reversal by Ronald Davidson is a New York state prisoner. He filed suit claiming that a prison guard had destroyed his legal materials after they had an altercation. The case went to trial. The guard's attorney, from the state's Attorney General's office, sought to admit evidence to …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Litigants Have Right to Out of State Citations by Rick Petrick is an Oklahoma state prisoner. The sentence he is serving in Oklahoma was enhanced as a result of prior convictions from Minnesota and North Dakota. While confined at the Oklahoma State Penitentiary (OSP) he sought to bring collateral …
Prison Officials Can't Prevent Jailhouse Lawyers From Assisting Other Prisoners by Paul Gibbs is a Michigan state prisoner and jailhouse lawyer. He was placed in segregation in late 1990 for possessing contraband. On April 2, 1991, he was reclassified back to the general population. Due to a lack of bed …
AZ DOC Denies Court Access by This case deals with a class action suit filed by Arizona state prisoners. They claimed that Arizona prison officials denied them access to the courts by enacting policies that unduly abridged their ability to file and litigate court actions. The district court ruled in …
Jail Detainees Have Right to Library Access by This case involves a consolidated appeal of one suit by three Wisconsin county jail detainees and one by an Indiana jail detainee. All of the plaintiffs claimed their right of access to the courts was violated because the jails they were held …
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