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Article • April 15, 2006 • from PLN April, 2006
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
CSC Pays Public Defender Social Worker $125,000 for Rape in Juvenile Facility by A former social worker with the Baltimore public defenders office in Maryland, who said she was raped by a 15-year-old boy she was a visiting at the Charles H. Hickley, Jr. School settled a civil lawsuit on …
New York City Jail Strip Search Suit Settles For $30 Million by by John E. Dannenberg On April 27, 2005, the City of New York agreed to settle a federal court class action 42 U.S.C. § 1983 civil rights suit with 57,634 past misdemeanant prisoners at its city jails, paying …
Article • March 15, 2006 • from PLN March, 2006
Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testin by Appointment Of Counsel Ordered To Determine California Prisoner's Request For Post-Appeal DNA Testing In a case of first impression, the California Court of Appeal strictly construed Penal Code § 1405 to require that the Superior Court …
Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA by Fourth Circuit Reverses $35,934.66 Habeas Fee Award; Habeas Corpus Not Civil Action Under EAJA The Fourth Circuit Court of Appeals reversed a district courts award of $35,934.66 in attorneys fees, costs, and expenses under the …
Los Angeles County Pays Prisoner $42,500 for Legal Malpractice by Public Defender by by John E. Dannenberg The County of Los Angeles paid $42,500 to settle a legal malpractice claim brought by a prisoner who suffered state prison plus felony disenfranchisement upon an unlawful conviction. In October 1992, Jose Castro, …
Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Re by Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Records by John E. Dannenberg Prison Legal News won a big victory for the cause of investigative journalism on July 14, 2005 …
Article • December 15, 2005 • from PLN December, 2005
"Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer by "Actual Innocence" Rule Inapplicable to Breach of Contract by Lawyer The Seventh Circuit Court of Appeals reversed a district court's dismissal of a diversity suit, holding that the actual innocence" rule does not bar claims of breach of contract/fiduciary …
North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in by North Carolina Prosecutors Reprimanded For Intentionally Withholding Crucial Exculpatory Evidence in Capital Case by Matthew T. Clarke Alan Gell cried recently after a North Carolina State Bar panel issued a mere reprimand, the least discipline possible, to two …
Article • November 15, 2005 • from PLN November, 2005
PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …
Article • November 15, 2005 • from PLN November, 2005
Mass Parole Re-Hearings in Tennessee Following AG Opinion by Alex Friedmann With some level of irony, on June 7, 2005 the Tennessee Attorney General's office sent a letter to the state's Board of Probation and Parole, recommending that the Board limit the amount of time between parole hearings and suggesting …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …
Habeas Hints: Overcoming Post-Conviction IAC by Kent A. Russell Habeas Hints by Kent A. Russell This column provides "habeas hints" to prisoners who are considering or handling habeas corpus petitions as their own attorneys ("in pro per"). The focus of the column is habeas corpus practice under the AEDPA, the …
First They Came For Lynne Stewart by Marjorie Cohn First they came for the communists, and I did not speak out because I was not a communist; Then they came for the socialists, and I did not speak out because I was not a socialist; Then they came for the …
Article • September 15, 2005 • from PLN September, 2005
Michigan: Money Bilked From Prisoners by Michigan: Money Bilked From Prisoners Used For Bonuses While Michigan was trying to boost its cash-starved budget through spending cuts and tax increases, those in the Attorney General's Office were feasting on money squeezed from state prisoners. In October 2004, Attorney General Mike Cox …
Article • September 15, 2005 • from PLN September, 2005
U.S. Supreme Court: Michigan Plea Bargainers Have Right to Counsel On Appeal by by John E. Dannenberg The U.S. Supreme Court ruled that Michigan defendants convicted pursuant to a plea of nolo contendre or to a plea bargain are constitutionally entitled to appeal their convictions to the Michigan Court of …
Federal Prisoner Wins Right To Marry, Fees Awarded by A federal prisoner has settled his lawsuit against the Bureau of Prisons (BOP) for $175 and permission to marry his fiancée. The court also awarded attorney fees of $21,537.50 in a separate proceeding. On November 2, 2000, while imprisoned at U.S.P. …
U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
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