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LSC Ban on Funding Prison Litigation Enjoined by In the July, 1996, issue of PLN we reported passage of the 1996 federal budget. In addition to severe budget cuts for the Legal Services Corporation (LSC), a private non profit corporation that distributes government funds to independent legal programs around the …
Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
Article • August 15, 1997 • from PLN August, 1997
Florida Supreme Court Strikes Down Gain Time Loss by The Florida supreme court held that a DOC Policy denying gain time to prisoners eligible to receive it at the time of their conviction violated the ex post facto clauses of the Florida and United States constitutions. In 1996 the Florida …
AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …
Lucasville Uprising: $4.1 Million Settlement by In January, 1997, a settlement was filed in federal court in the three-year-old class action based on injuries stemming from the 1993 Easter Day uprising and 11-day siege at the Southern Ohio Correctional Facility (SOCF) at Lucasville, OH. The settlement establishes a $4.1 million …
Brief • July 9, 1997
Hicks v. Erie County, NY, Amended Complaint, Conspiracy to Obstruct Inmate Counsel, 1997 Rogers HICKS, Bernard J. Zolnowski, Jr., John Ives,..., 1997 WL 33793132... 1997 WL 33793132 (W.D.N.Y.) (Trial Pleading) United States District Court, W.D. New York. Rogers HICKS, Bernard J. Zolnowski, Jr., John Ives, individually and on behalf of …
Article • June 15, 1997 • from PLN June, 1997
California Prisoners Entitled to Contact Attorney Visits by The California state court of appeals affirmed a superior court granting a writ of habeas corpus to a prisoner who was denied contact visits with his attorney. Alan Roark is a California state prisoner represented by Charles Lindner in his direct criminal …
Massachusetts Prisoners Awarded Back Pay by A Mass. superior court judge ruled the state owes 2,253 current and former state prisoners about $1 million because they were not given a pay raise mandated by DOC regulations. In April 1991, new DOC regulations were issued that raised the top rate for …
TRO Granted in DC Smoking Suit by A federal district court in the District of Columbia granted a Temporary Restraining Order (TRO) requiring non-smoking D.C. prisoners to be moved to non-smoking quarters and for D.C. DOC officials to enforce prison no smoking policies by disciplining guards and prisoners who violate …
PLRA Applied to Attorney Fees by A federal district court in Michigan held that the Prison Litigation Reform Act (PLRA) required that attorneys representing prisoners be paid a maximum of $112.50 an hour. Hadix v. Johnson is the long running Michigan class action suit. After prevailing in the district court …
Texas Lawyers Unhappy About Conscription by In 1995 Congress cut funding for some twenty-odd regional death penalty resource centers, pro bono legal aid clinics which specialized in death penalty appeals. The Texas legislature halved the $4 million in state funds budgeted to pay for counsel in state capital appeals cases …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Article • February 15, 1997 • from PLN February, 1997
Inadequate Public Defender Funding Unconstitutional by A federal district court in Illinois held that a lack of adequate funding for public defenders assigned to represent indigent defendants in state court appeals violates the federal constitution when it causes delays in excess of two years. Over the past ten years the …
Attorney Fees Awarded for Opposing Motion to Vacate by The court of appeals for the fifth circuit affirmed a district court's award of almost $38,000 in attorney fees to class counsel for opposing a jail defendant's motion to vacate a consent decree. In 1978 prisoners at the Madison County jail …
Article • September 15, 1996 • from PLN September, 1996
$43,410 in Attorney Fees Awarded in PC Case by A federal district court in New York awarded $43,410 in attorney fees to prisoners who sued over conditions in protective custody (PC) units in the New York state prison system. The litigation involved a class action suit filed by PC prisoners …
New Jersey MCU Suit Settled by On December 22, 1995, the federal district court in New Jersey signed a settlement order dismissing a class action suit filed by prisoners in New Jersey's Management Control Unit (MCU). The plaintiff class in the suit was composed of all black prisoners in the …
Women Prisoners Win Court Access Claim by Past issues of PLN have reported the class action suit filed by women prisoners in Nebraska concerning a wide range of prison conditions. See: Klinger v. Nebraska DOC, 824 F. Supp. 1374 (D NE 1993); 31 F.3d 727 (8th Cir. 1994) and 887 …
Article • August 15, 1996 • from PLN August, 1996
Attorney Fees Awarded in Jail Suit for Attorney-Client Space by Criminal defense attorneys filed suit against the Washington County Jail in Oregon claiming that the space available for client consultation violated their clients right to counsel by inhibiting full and free consultation between clients and counsel; violated the attorneys' right …
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