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Article • April 15, 2007 • from PLN April, 2007
Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements by Maryland's Public Information Act Exempt from Administrative Exhaustion Requirements The Maryland Court of Appeals has held that a prisoner is not required to exhaust administrative remedies to bring an action under the Public Information Act. Before the Court was a …
Hawaii Settles DOJ Suit Over Unconstitutional Juvenile Facility by The State of Hawaii settled a suit brought by the United States government, resolving a suit over unconstitutional conditions of confinement at the Hawaii Youth Corrections Facility (HYCF) in Kailua, Hawaii. On August 16, 2004, the United States Department of Justice …
Article • September 15, 2006 • from PLN September, 2006
Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits by The Oklahoma Legislature has enacted a law that prohibits former prisoners from bringing a civil action unless the prisoner has exhausted all administrative remedies. To PLNs knowledge, this is the first law of its kind. The legislation, which was signed …
California Third-Level Administrative Appeals May Be Filed with Prison Appeals Coordinator by John Dannenberg by John E. Dannenberg The Solano County Superior Court ordered that when a California Department of Corrections (CDC) prisoner files a third (Director) level administrative appeal, he need not mail it via U.S. Mail to the …
Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising by David S. Bernstein Cell-Block Beatdown: Do Boston Prisoners Have Any Chance of Holding Abusive Prison Guards Responsible? Signs Are Not Promising by David S. Bernstein Stories about prison guards beating up …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • February 15, 2006 • from PLN February, 2006
Oregon Criminalizes Sex with Prisoners; & Other Legislative Developments by In the wake of a huge scandal involving several high ranking, veteran prison officials engaging in sexual activity with female prisoners of the Coffee Creek Correctional Institution, Oregon has enacted legislation criminalizing custodial sexual misconduct. The law, which became effective …
Indiana State Courts Have Jurisdiction In Prisoner Phone Contract Case by Bob Williams In a suit challenging excessive collect call rates charged to prisoners' families, friends and attorneys, the Indiana Court of Appeals has reversed a lower court's dismissal for lack of subject matter jurisdiction. Chanelle Alexander and others (the …
Privatized Medical Services in Delaware Kill and Maim by David Reutter by David M. Reutter Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison …
Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Summary Judgment Reversed in Louisiana Jail Conditions Case by by Robert H. Woodman The Court of Appeal of Louisiana, First Circuit, reversed summary judgment granted by the Twenty-Third Judicial District Court of Ascension Parish (Louisiana) to the Ascension Parish sheriff in a case involving conditions of confinement at the Ascension …
Article • March 15, 2005 • from PLN March, 2005
Mailbox Rule Applies to Texas Prisoners Civil Filings by The Texas Supreme Court has held that the mailbox rule applies to civil litigation filed by Texas prisoners in Texas state courts, overruling at least two previous court of appeals decisions. Charles Clay Warner, Jr., a Texas state prisoner, brought suit …
Article • February 15, 2005 • from PLN February, 2005
AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E Dannenberg AEDPA One-Year Clock Starts When Administrative Parole Appeal Is Denied by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that for 28 U.S.C. § 2254 habeas corpus filing-deadline purposes, the AEDPA one-year filing …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • April 15, 2004 • from PLN April, 2004
Brief Statement of Operative Facts Satisfies Texas Pleading Requirement by by Matthew T. Clarke A Texas state court of appeals has held that a brief statement of operative facts of prior lawsuits satisfies the requirements of Texas Civil Practice and Remedies Code (TCPRC) §§ 14.004 & 14.005. Theron Belton, a …
Texas Prisoners Have Right to Judicial Review of Administrative Finding by Texas Prisoners Have Right to Judicial Review of Administrative Finding A Texas state court of appeals has held that Texas state prisoners have a right to a judicial review of an administrative finding of destruction of state property in …
Pendency of Federal Lawsuit Doesn't Toll 31-Day Texas Limitations by A Texas state court of appeals has held that the pendency of a federal civil rights lawsuit on the same matter does not toll the statute requiring Texas state prisoners to file lawsuits in state court within 31 days after …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
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