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Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards by The Fourth District Court of Appeals of Ohio has reversed the decision of the Pickaway County Court of Common Pleas denying a prisoner's request for specific work information relating to two guards in the Department of Rehabilitation …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Right to Appear at Civil Court Hearings by An appeals court in Texas has held that Texas prisoners have the right to appear-either in person, by affidavit, by depostition, by telephone, or by teleconferencingat court hearings in civil cases. Richard Owen Taylor, a Texas state prisoner, filed …
Article • July 15, 1999 • from PLN July, 1999
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Article • August 15, 1998 • from PLN August, 1998
PLRA Fees Don't Apply to Mandamus by The court of appeals for the tenth circuit held "that this circuit will no longer require mandatory fees under the PLRA for filing petitions for writs of mandamus seeking to compel district courts to hear and decide actions brought solely under 28 U.S.C. …
Injury Required to Enforce Grand Jury Law by The court of appeals for the District of Columbia circuit held that while individuals can seek judicial enforcement of a law requiring that evidence be presented to a grand jury, the party seeking enforcement must allege injury in order to have standing. …
Florida Prisoners Have Right to Present Evidence at Disciplinary Hearings by Florida Prisoners Have Right To Present Evidence At Disciplinary Hearings A Florida state appellate court held that a denial by prison authorities of an opportunity for a prisoner to present exculpatory evidence at a prison disciplinary hearing states a …
Article • April 15, 1998 • from PLN April, 1998
Florida Prisoners Have Property Interest Under DOC Rules by A Florida appellate court held that Title 33 of the Florida Administrative Code, the rules of the Florida Department of Corrections (DOC), affords Florida state prisoners a vested right to possess property insofar as the property was authorized and the prisoner …
Article • January 15, 1998 • from PLN January, 1998
Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …
Article • January 15, 1998 • from PLN January, 1998
Writs of Mandamus Not Subject to PLRA Fees by Writs of Mandamus Not Subject to PLRA Fees: The court of appeals for the fifth circuit joined the second and seventh circuit in holding that petitions seeking writs of mandamus in the court of appeals are not subject to the PLRA's …
Article • July 15, 1997 • from PLN July, 1997
Special Masters by The court of appeals for the ninth circuit held that 18 U.S.C. § 3626(f)(4), the portion of the PLRA which limits the hourly rates paid to special masters appointed to oversee court orders in prison litigation to $75.00 an hour paid for by the federal judiciary, does …
Article • July 15, 1997 • from PLN July, 1997
Filing Fees Required in Civil Mandamus by The court of appeals for the tenth circuit held that the PLRA's filing fee requirements apply when a prisoner litigant seeks a writ of mandamus in an ongoing civil suit. The court did not discuss whether this applied to writs of mandamus in …
Article • March 15, 1997 • from PLN March, 1997
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Defines and Applies PLRA and AEDPA by In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees …
Article • December 15, 1996 • from PLN December, 1996
Georgia Prisoners Retain Right to Safety by The Georgia state supreme court ruled that prisoners retain a right to protection and safety from other prisoners. Marvin Yizar, a Georgia state prisoner, is a former Atlanta policeman serving a life sentence for murder. Yizar had previously arrested and prosecuted many of …
Article • November 15, 1996 • from PLN November, 1996
Prior Frivolous Suits Count for PLRA by The court of appeals for the tenth circuit held that writs of mandamus fall within the scope of filing fee requirements imposed by the Prison Litigation Reform Act (PLRA), Public Law 104-134, 110 Stat. 1321 (April 26, 1996). The court also held that …
Article • November 15, 1996 • from PLN November, 1996
PLRA Application to Mandamus Discussed by The court of appeals for the second circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) apply to writs of mandamus filed in civil cases but not in criminal proceedings. Paul Nagy is a detainee undergoing criminal trial in …
OK Prisoners Have Disciplinary Hearing Remedy by In the May, 1994, issue of PLN we reported Waldon v. Evans, 861 P.2d 311 (Okl. Cr. 1993) which held that Oklahoma state courts could hear prisoners challenges claiming due process violations in prison disciplinary hearings. In a new ruling, the Oklahoma Court …
Article • May 15, 1994 • from PLN May, 1994
OK State Courts Can Hear Prison Suits by Dennis Waldon is an Oklahoma state prisoner. He was infracted and punished in a prison disciplinary hearing resulting in the loss of one hundred days of good time credits. Waldon filed a writ of habeas corpus and/or mandamus in the Alfalfa County …
Article • April 15, 1994 • from PLN April, 1994
IL Prisoners Have No Right to a Valid Classification System by State prosecutors' use of extreme language and personal opinion in letters that they are required to submit to the department of corrections for use in making initial prison security classifications of newly committed prisoners does not violate the constitution …
Article • December 15, 1992 • from PLN December, 1992
Magistrates Cannot Dismiss Civil Rights Suits by Johnnie Reynaga is a California state prisoner who filed a § 1983 suit against a public defender, district attorney, deputy district attorney and state trial judge seeking damages and injunctive relief on the ground they had denied him his right to a fair …
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