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Article • December 15, 2003
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • November 15, 2003 • from PLN November, 2003
Ninth Circuit Judge Investigated for Writing Condemned Prisoner by by Marvin Mentor California Attorney General Bill Lockyer called into question the impartiality of Ninth Circuit Judge Alex Kozinski as to death penalty cases after Kozinski and two other Ninth Circuit judges visited San Quentin State Prison in California, speaking with …
Kansas Sheriff, Lawyer, Jailed for Sweetheart Jail Contract by Negotiating their way out of 21 felony bribery charges, a former Kansas sheriff and a lawyer-cum-executive for a private prison contractor each pled guilty to two misdemeanor counts of conflict of interest on December 18, 2002, getting only one year in …
Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case by Georgia Jury Awards $325,000 to Prisoner's Widow In Legal Malpractice Case On July 13, 2002, a Carroll Counrty, Georgia, jury awarded $325,000 to the widow of a prisoner who allegedly died due to medical malpractice and neglect. The …
California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor On March 21, 2002, a San Francisco, California husband and wife attorney team, Robert Noel and Marjorie Knoller, who for years had defended prison guards at maximum security Pelican Bay State Prison (PBSP), were themselves convicted of manslaughter when …
Appointment of Counsel in New Jersey Medical Suit by The U.S. Third Circuit Court of Appeals has vacated and remanded a New Jersey U.S. District Court's award of summary judgment against, and denial of appointment of counsel to, a pro se prisoner plaintiff. Jeffrey Montgomery, a New Jersey State prisoner …
Article • July 15, 2003 • from PLN July, 2003
Illinois Governor Commutes All Death Sentences by Michael Rigby On January 11, 2003 Governor George Ryan ensured himself a place in the history of criminal justice reform by commuting the death sentences of 167 people. It was the most sweeping act of its kind by a governor in U.S. history. …
Pratt v. DC, DC, Order, Jail Tour Youth Strip Search, 2003 I UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERNELL PRATT, et al., Plaintiffs, v. Civil Action No. 01-1525 (JGP) ECF DISTRlCT OF COLUMBIA, et al., Defendants. ORDER ___Upon consideration of plaintiffs Consent Motion for Attorneys' Fees and …
The Crime of Being Poor by Paul Wright "The law in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets and to steal bread." _ Anatole France A central part of the mythology of the criminal justice system in …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Article • May 15, 2003 • from PLN May, 2003
Head of Counsel for Texas Prisoners Fired by In September 2002, the Texas Board of Criminal Justice fired John Fant, head of the State Counsel for Offenders (SCFO), after an investigation revealed that he had lied on a 10-year-old employment application. In a written statement, the prison board alleged that …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
PLN Settles Oregon Censorship Suit for $55,414.31 by On January 29, 2003, the Oregon Department of Corrections (DOC) agreed to settle a censorship lawsuit filed by Prison Legal News by paying $39,914.31 in fees and costs and $15,500 in damages and changing its policies concerning the processing and censorship of …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
New Mexico Lawyers Entitled to Jail Visiting, Phone and Records Access by A New Mexico federal district court has entered a preliminary injunction that enjoins jail officials from prohibiting class counsel from having access to the jail, its prisoners and staff, its records, and from imposing time limits on telephone …
Criminal Guards and Escaping Prisoners in Texas by On July 21, 2002, Lt. Rick McCullough was arrested for assaulting two female guards at the Riverside State Prison for women in the central Texas town of Gatesville. McCullough, 41, a Texas prison guard assigned to the nearby Woodman State Jail for …
Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
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