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Article • January 8, 2018 • from PLN January, 2018
Arkansas Supreme Court: Religious Freedom Preliminary Injunction Requires Hearing by The Arkansas Supreme Court held on March 16, 2017 that a lower court abused its discretion by denying a prisoner’s motion for a preliminary injunction without holding a hearing. Arkansas prisoner Malik Muntaqim is a member of the Nation of …
Article • January 8, 2018 • from PLN January, 2018
Filed under: Prison Labor
Multiple Lawsuits Allege “Slave Labor” Under Guise of Drug Treatment by Derek Gilna by Derek Gilna Following an investigative report by Reveal, a project of the Center for Investigative Reporting, at least four federal lawsuits were filed against Christian Alcoholics and Addicts in Recovery (CAAIR) and Simmons Foods, Inc. in …
Article • December 27, 2017
Reversed by Supreme Court, Eighth Circuit Remands Prisoner Grooming Case Back to District Court by Christopher Zoukis by Christopher Zoukis Arkansas state prisoner Larry Jones desired to grow a beard, as his religion required. Arkansas prison officials, citing an Arkansas Department of Corrections (ADC) policy disallowing beards, said no. Jones …
Article • December 26, 2017
Arkansas Court Must Make Findings of Fact to Order Incarceration Costs by The Arkansas Supreme Court remanded for findings of fact an order that allowed the Arkansas Department of Corrections (ADC) to confiscate a prisoner’s lawsuit proceeds as reimbursement for costs associated with incarceration. Dexter J. Harmon, who has been …
Article • December 21, 2017
Threats by Arkansas Prison Administration Warrants Transfer by David Reutter by David Reutter The Eighth Circuit of Appeals reversed and remanded a federal district court's denial of prisoner James Walker's 42 U.S.C. § 1983 petition seeking his transfer to a federal prison or some other state's prison because he had …
Brief • December 14, 2017
Green v. Arkansas, AR, Appeal, Illegal Sentence, 2017 Cite as 2017 Ark. 361 SUPREME COURT OF ARKANSAS. No. CR-17-167 Opinion Delivered RICKIE GREEN APPELLANT V. STATE OF ARKANSAS APPELLEE December 14, 2017 PRO SE APPEAL FROM THE LONOKE COUNTY CIRCUIT COURT AND MOTION FOR APPOINTMENT OF COUNSEL [NO. 43CR-15-594] HONORABLE …
Article • December 11, 2017
Fifth Circuit Allows Intervention by Sierra Club in Reverse FOIA Suit by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Fifth Circuit has allowed Sierra Club to intervene in a reverse Freedom of Information Act (FOIA) records request lawsuit. The dispute stemmed from FOIA requests …
Article • December 7, 2017
Filed under: Pain, Death Penalty
Eighth Circuit Refuses to Halt Arkansas Execution of Prisoner Who Claimed Lethal Injection Will Cause Him Extreme Pain by Lonnie Burton by Lonnie Burton In April 2017, the state of Arkansas decided to fast track the execution of eight prisoners before its supply of lethal injection drugs became unavailable. Soon …
Article • December 7, 2017
Filed under: Pain, Obesity, Death Penalty
Eighth Circuit Denies Stay of Execution to Arkansas Prisoner Who Claimed His Obesity Created Risk of Severe Pain by Lonnie Burton by Lonnie Burton On April 24, 2017, the Eighth Circuit U.S. Court of Appeals issued a series of rulings paving the way for the state of Arkansas to continue …
Article • November 28, 2017
Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information …
Brief • November 9, 2017
State of Arkansas v. Lasley, AR, Appeal Brief, Sentence Length, 2017 Cite as 2017 Ark. 311 SUPREME COURT OF ARKANSAS No. CR-17-177 Opinion Delivered: November 9, 2017 STATE OF ARKANSAS APPELLANT APPEAL FROM THE CRITTENDEN COUNTY CIRCUIT COURT [NO. 18CR-1980-185] V. DAVID L. LASLEY HONORABLE DAVID RAY APPELLEE GOODSON, RETIRED …
Article • November 6, 2017 • from PLN November, 2017
Global Tel*Link Fails to Derail Prison Phone Suit but Dodges Class Certification by Derek Gilna by Derek Gilna An order entered by Western District of Arkansas federal judge Timothy L. Brooks on September 28, 2017 gave a mixed result to both sides in a hotly-contested lawsuit over excessive costs for …
Filing • October 30, 2017
Filed under: PLN Litigation, Censorship
HRDC v. Union County, AR, censorship, Complaint, 2017 Case 1:17-cv-01064-SOH Document 1 Filed 10/30/17 Page 1 of 12 PageID #: 2 FILED US DISTRICT COURT WESTERN DISTRICT OF ARKANSAS Oct 30, 2017 OFFICE OF THE CLERK Case 1:17-cv-01064-SOH Document 1 II. 3. Filed 10/30/17 Page 2 of 12 PageID #: …
Brief • October 30, 2017
Filed under: PLN Litigation, Censorship
HRDC v. Union County, AR, censorship, Complaint, 2017 Case 1:17-cv-01064-SOH Document 1 Filed 10/30/17 Page 1 of 12 PageID #: 2 FILED US DISTRICT COURT WESTERN DISTRICT OF ARKANSAS Oct 30, 2017 OFFICE OF THE CLERK Case 1:17-cv-01064-SOH Document 1 II. 3. Filed 10/30/17 Page 2 of 12 PageID #: …
Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder …
Article • August 31, 2017
Filed under: Mandamus, Parole
Denial of Parole No Basis for Writ of Mandamus in Arkansas by Dale Chappell by Dale Chappell A petitioner’s claim that his rights were violated when he was denied parole is no basis for a writ of mandamus, the Arkansas Supreme Court held on August 3, 2017. Anthony Warren filed …
Article • August 31, 2017
Filed under: Parole
Constitutional Claim Required to Trigger Judicial Review Under Arkansas Administrative Procedure Act by Dale Chappell by Dale Chappell A petitioner must state a colorable constitutional claim to trigger entitlement to judicial review under the Arkansas Administrative Procedure Act (APA), the Arkansas Supreme Court held on August 3, 2017. Jeremy Kennedy …
Brief • August 30, 2017
Adams, Reyes, Philpott V. Sheriff Cradduck, debit card fee class settlement for inmates, 2017 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS; CESAR REYES; PAM PHILPOTT; and BRANDON PHILPOTT, each individually and on behalf of all others similarly situated v. PLAINTIFFS Case No. …
Filing • August 21, 2017
Filed under: PLN Litigation, Censorship
HRDC v. Baxter County, AR, censorship, Complaint, 2017 Case 3:17-cv-03070-TLB Document 1 Filed 08/21/17 Page 1 of 12 PageID #: 1 US DISTRICT COURT WESTERN DIST ARKANSAS IN THE UNITED STATES DISTRICT COURT FOR THE FILED AUG 2 1 2017 WESTERN DISTRICT OF ARKANSAS DOUGLAS F. YOUNG, Clerk HUMAN RIGHTS …
Brief • August 21, 2017
Filed under: PLN Litigation, Censorship
HRDC v. Baxter County, AR, censorship, Complaint, 2017 Case 3:17-cv-03070-TLB Document 1 Filed 08/21/17 Page 1 of 12 PageID #: 1 US DISTRICT COURT WESTERN DIST ARKANSAS IN THE UNITED STATES DISTRICT COURT FOR THE FILED AUG 2 1 2017 WESTERN DISTRICT OF ARKANSAS DOUGLAS F. YOUNG, Clerk HUMAN RIGHTS …
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