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Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees by In a January 13, 2011 ruling, the Ninth Circuit Court of Appeals determined that the cap on attorney’s fees established by the Prison Litigation Reform Act (PLRA) also applies to separately billed paralegal fees, notwithstanding …
Article • July 15, 2011 • from PLN July, 2011
Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted by Michael Brodheim In a class-action suit brought under 42 U.S.C. § 1983, a federal district court in New Jersey held that a blanket policy of strip searching arrestees charged with non-indictable offenses, absent …
Six New Jersey Jail Guards Arrested for Assaulting Prisoners by On December 21, 2010, prosecutors charged six guards at New Jersey’s Essex County Correctional Facility with assaulting prisoners. The charges involve unprovoked attacks on three different prisoners in separate incidents. Four of the guards were also charged with falsifying records. …
Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner by Derek Gilna A prisoner who killed his cellmate six years ago has assaulted and severely injured another prisoner at the Airway Heights Corrections Center near Spokane, Washington, according to police. The victim, Chad Bolstad, was attacked by his cellmate, Michael …
Inmate Accident Compensation Act Does Not Preclude Bivens Remedy by The Inmate Accident Compensation Act (IACA), 18 U.S.C. § 4126, does not preclude a federal prisoner from bringing a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) for work-related injuries that …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • July 15, 2011 • from PLN July, 2011
California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend by Michael Brodheim by Mike Brodheim In one of his last official acts before leaving office in January 2011, California Governor Arnold Schwarzenegger exercised his right under the state constitution to grant clemency to Esteban Nuñez, the son …
$5.25 Million Paid to Former Ohio Prisoner for Wrongful Murder Conviction by The City of Barberton, Ohio has paid $5.25 million to settle a lawsuit filed by a man wrongfully convicted of murder. Clarence Elkins spent almost eight years in prison before being exonerated by DNA evidence in 2005. Elkins …
Article • July 15, 2011 • from PLN July, 2011
From the Editor by Paul Wright Over the past 20 years PLN has reported the various conditions class-action lawsuits in California concerning the lethal health care administered to prisoners. After decades of non-compliance with dozens of court orders the prison system’s health care was put into a federal receivership, yet …
Deaths of Three North Carolina Prisoners Raise Suspicions by Matthew Clarke by Matt Clarke and David M. Reutter The deaths of two prisoners at the Maury Correctional Institution (MCI), a 1,000-bed close-security prison for men located in Greene County, North Carolina, have raised suspicions due to questionable circumstances surrounding those …
Article • July 15, 2011 • from PLN July, 2011
Washington DOC Agrees to Change Sexual Abuse Policies by David Reutter by David M. Reutter The Washington Department of Corrections (WDOC) has agreed to change its policies that relate to preventing, reporting and investigating sexual abuse of prisoners by staff members. The changes resulted from a settlement in a class-action …
Article • July 15, 2011 • from PLN July, 2011
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling by Michael Brodheim In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general …
Article • July 15, 2011 • from PLN July, 2011
Filed under: Commentary/Reviews
Why I Care About Prisoner Rights by David Hudson by David L. Hudson, Jr. A friend recently asked: “Why do you care and write so much about prisoner rights? After all, they’re convicted criminals.” The question came after the U.S. Supreme Court’s ruling in Brown v. Plata that dealt with …
Paroled Killers Rarely Re-Offend by Michael Brodheim by Mike Brodheim Judging by the statistics, Reginald Powell, 54, may be the proverbial exception to the rule – the rule, in this case, being that convicted murderers who are granted parole only rarely re-offend. In 1984, Powell was convicted of the shooting …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
6th Circuit: County Prosecutor Protected by 11th Amendment by In a decision filed on July 30, 2009, the 6th Circuit affirmed a ruling of a Michigan court granting summary judgment to Arenac County and Arenac County Prosecutor, Curtis G. Broughton. The complaint was brought pursuant to 42 U.S.C. § 1983 …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
Article • July 15, 2011
PLRA's IFP Restrictions Do Not Apply To Civil Commitments by Brandon Sample By Brandon Sample Sex offenders that are civilly committed upon completion of their sentences are not "prisoners" within the meaning of the Prison Litigation Reform Act (PLRA), the U.S. Court of Appeals for the Tenth Circuit decided October …
Impartial Prison Disciplinary Hearing Officials Required in Nevada by Matthew Clarke By Matt Clarke On February 9, 2009, a Nevada state court restored the statutory good conduct time lost by a prisoner in a disciplinary proceeding in which the presiding official was biased. Brian Eugene Lepley, a Nevada state prisoner, …
Article • July 15, 2011
Fifth Circuit: No Mailbox Rule for Texas State Habeas Actions by Matthew Clarke By Matt Clarke On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions. Gene Edward Howland, a Texas state prisoner, delivered a state …
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