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California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
Article • November 15, 2002 • from PLN November, 2002
Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed by On December 14, 2001, Texas finally released its stranglehold on the right to confidential phone calls between prisoners and attorneys. Texas had been the only state that monitored attorney phone calls. Even then the American Civil Liberties Union …
Article • November 15, 2002 • from PLN November, 2002
Attorney Ghost Writing Must Be Disclosed by The Tenth Circuit has held that participation by an attorney in drafting otherwise pro se appellate briefs is per se substantial legal assistance and must be acknowledged by the attorney's signature. The case arose as a landowner's dispute wherein Arthur Duran sued Dean …
PLRA Attorney Fee Cap Applies to Fees on Fees by John E Dannenberg by John E. Dannenberg In a case of first impression, the Fifth Circuit US Court of Appeals ruled that the Prison Litigation Reform Act (PLRA) fee cap limiting recovery of a prevailing prisoner plaintiff's attorney fees to …
Habeas Hints: Editor's Choice by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
Article • October 15, 2002 • from PLN October, 2002
Attorney Fee Award Upheld in Washington Excessive Force Case by The Washington State Supreme Court, sitting En Banc, held that the Superior Court did not abuse its discretion in awarding attorney fees against a police officer on an excessive force claim. This ruling is useful for prisoners bringing federal claims …
Article • October 15, 2002 • from PLN October, 2002
Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California by The California Supreme Court held that when criminal defendants sue their defense lawyer for legal malpractice, they cannot use the civil proceeding to prove their innocence. Rather, they must first gain either a reversal of their conviction or …
Article • October 15, 2002 • from PLN October, 2002
Connecticut District Court Orders Post-Judgment Monitoring Fees by The United States District Court, District of Connecticut, has awarded the Connecticut Civil Liberties Union Foundation (CCLUF) attorneys' fees in the amount of $67,445.88, and costs in the amount of $1,044. The award arises from on-going, postjudgment monitoring by the CCLUF after …
Then They Came for the Lawyers: The Persecution of Lynne Stewart by On April 9, 2002, in a chilling first application of the USA-Patriot Act (pushed into law after 9-11), the U.S. government indicted attorney Lynne Stewart along with three Arab men, Mohammed Yousry, Ahmed Abdel Sattar, and Yassir Al-Sirri. …
Ohio District Court Grants TRO on Grooming Regulations by The Federal District Court for the Northern District of Ohio has granted a temporary restraining order (TRO) against Marion Correctional Institution (MCI), Marion, Ohio, preventing Warden Christine Money from enforcing a grooming policy against two Orthodox Chassidic Jews. Michael Goodman and …
Article • August 15, 2002 • from PLN August, 2002
Washington PDA May Be Used for Pre-Trial Discovery by The Washington State Supreme Court held that the Washington Public Disclosure Act (PDA) at RCW § 42.17 et seq, may be used as a pretrial discovery tool to obtain caserelated documents from agencies against whom parties are litigating civil cases. The …
Article • August 15, 2002 • from PLN August, 2002
States Capitulate on Reading Legal Mail by John E Dannenberg by John E. Dannenberg The disturbing trend of several states to inspect legal mail outside the presence of the prisoner [see PLN Mar. 2002 "State Prisons Abrogate Attorney Client Privilege"] has begun to crumble under court challenges. Begun under the …
Article • August 15, 2002 • from PLN August, 2002
Washington Prisoner Attorney Disciplined for Negligence by by Lonnie Burton Attorney Jean Scheidler-Brown holds the DOC "free-services" contract to provide legal representation to prisoners incarcerated at McNeil Island Corrections Center (MICC) and the Washington Correction Center for Women, both in Washington state. In April 1997, she agreed to represent MICC …
Article • July 15, 2002 • from PLN July, 2002
Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea by A Washington Court of Appeals has held that a defendant in a criminal prosecution may sue his former trial attorney for legal malpractice after his conviction was reversed for ineffective assistance, despite the fact that he entered an Alford …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
Article • July 15, 2002 • from PLN July, 2002
Catalyst Theory Guts Fee Award in Texas Parole Case by The court of appeals for the Fifth circuit vacated an award of $471,946 in attorney fees in a Texas parole suit finding that a recent supreme court ruling precluded attorney fee awards under the catalyst theory. Texas prisoners filed a …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
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