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Colorado Contraband Rule Requires Visitor Notice by The Colorado supreme court held that a state statute criminalizing the introduction of contraband into county jails was constitutional but affirmed dismissal of criminal charges because the jail failed to comply with the statute's notice requirements. Thomas Holmes, an attorney, was charged with …
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional by S.Ct. Grants Review of Fee Issue by Matthew T. Clarke The Court of Appeals for the Sixth Circuit has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does …
Settlement in Washington State Deaf Prisoners' Lawsuit by Jeff Crollard Aclass action lawsuit was settled on behalf of deaf and hearing-impaired prisoners in Washington State on September 3, 1998. The settlement agreement obligates the Washington State Department of Corrections to provide qualified sign language interpreters and assistive devices, such as …
Article • December 15, 1998 • from PLN December, 1998
Legal Services Corporation Restrictions Affirmed by Paul Wright By Paul Wright In the October, 1997, issue of PLN we reported Legal Aid Society of Hawaii v. Legal Services Corporation, 981 F. Supp. 1288 (D HI 1997), which held that some congressional restrictions on groups that accept Legal Services Corporation (LSC) …
Article • December 15, 1998 • from PLN December, 1998
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services by The Court of Appeals for the Sixth Circuit ruled in favor of attorneys for Michigan women prisoners, holding; (1) that attorney fee provision of the Prison Litigation Reform Act (PLRA) does not apply retroactively, (2) that prisoners were prevailing party …
Article • December 15, 1998 • from PLN December, 1998
Prisoners' Legal Services of NY Victim of Budget Ax by Dan Pens September 13, 1971 Bloody Monday. New York Governor Nelson Rockefeller unleashes a firestorm of bullets and shotgun blasts into Attica's D-Yard. Eight minutes and 3,000 rounds of ammo later, 29 prisoners and 10 hostages lay fatally gunshot in …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
Article • November 15, 1998 • from PLN November, 1998
NC AG Opinions Reversed in Consecutive Sentence Servitude by Roger Grubb By Roger Grubb The North Carolina Court of Appeals handed North Carolina prisoners a long sought victory in how consecutive sentences are computed by the Department of Correction for purposes of determining parole eligibility. On August 5, 1997, the …
Article • November 15, 1998 • from PLN November, 1998
Texas May Not Retroactively Stop Mandatory Release by The Texas Court of Criminal Appeals has held that Texas cannot reinterpret a law to retroactively deny a state prisoner mandatory release. Randy Sullivan Schroeter, a Texas state prisoner, was convicted of indecency with a child (IWC) in 1994 and sentenced to …
Garnishment Proceeding Part of Underlying § 1983 Action by The court of appeals for the Seventh circuit held that proceedings to garnish the wages of civil rights defendants against whom judgment has been entered are part of the underlying civil rights actions and district courts retain jurisdiction to enforce the …
Georgia Brutality Suit Settled for $283,500 by In a brief hearing on April 23, 1998, U.S. district judge Harold Murphy finalized an agreement that allowed 14 prisoner plaintiffs and their attorneys to receive $283,500. After approving the settlement judge Murphy was quoted as saying, "The settlement is fair, responsible and …
Anatomy of a Whitewash by Mumia Abu-Jamal "Authority is never without hate" --Euripides In a decision that was as remarkable as it was predictable, the Greene County DA, David Pollock, announced his office would take no criminal action against prison guards who were viewed on videotape, "roughing up" men in …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Article • September 15, 1998 • from PLN September, 1998
Allan Ellis' Federal Prison Guidebook by Paul Wright Allan Ellis' Federal Prison Guidebook is a 312 page book that gives a detailed rundown of federal Bureau of Prisons (BOP) facilities. Alan Ellis is a California attorney who specializes in the pre-sentence and post conviction representation of federal prisoners. He is …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Brief • August 10, 1998
Austin v. Hopper, AL, Judgment, Chain-Gang Claim, 1998 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE .... MIDDLE DISTRICT OF ALABAMA , MICHAEL A. AUSTIN, RICHARD ELLIOT, OGlE LEE HAYES, CHARLES ORLANDER GUESS, WARREN LEATHERWOOD, and KERVIN GOODWIN, Plaintiffs, v. Defendant. oJ . '" _ •• ) ) …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
Beating by Unknown Guards States Claim by Afederal district court in the District of Columbia held that a prisoner's claim that he was beaten unconscious by three unknown guards stated a claim for violation of the eighth amendment. James Arnold, a District of Columbia (DC) prisoner, was returning to his …
Article • June 15, 1998 • from PLN June, 1998
Bob Bensing, Hero, Dies Suddenly by The world lost a hero in the struggle for human rights on February 3, 1998. Southern Center for Human Rights lawyer Bob Bensing, 42, was returning to Atlanta, GA, from Valdosta State Prison after meeting with two prisoner plaintiffs. His car reportedly hydroplaned and …
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