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Retaliation Claim Merits Factual Resolution by An Arizona federal district court has held that a prisoner's claims that he was subjected to urinalysis, placed in administrative segregation, classified as a gang member and denied access to the law library as retaliation for filing civil actions against prison officials warranted proceedings …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Article • February 15, 2001 • from PLN February, 2001
WA Law Libraries Threatened; DOC Proposes Budget Cuts by On December 5, 2000, deputy DOC secretary Eldon Vail informed the Washington Department of Corrections (DOC) executive staff and administrators of the DOC's 2001-03 biennium budget reduction package. The state of Washington has recently been subjected to conflicting ballot initiatives, which …
Ninth Circuit Requires Evidentiary Review Before Terminating Old Consent Decree Under PLRA by by John E. Dannenberg The US Court of Appeals for the Ninth Circuit reversed the district court's termination of prospective relief under two long-standing consent decrees at San Quentin State Prison and remanded with directions to hold …
South Dakota Eliminates Law Libraries by On May 17, 1999, the South Dakota Department of Corrections settled a lawsuit that eliminates law libraries in the state's prisons and replaces them with limited assistance from a legal contractor. Under the terms of the settlement, South Dakota's four main prisons will maintain …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Article • September 15, 1999 • from PLN September, 1999
Lack of Standing Eviscerates Court Access Class Action by The U.S. court of appeals of the Seventh Circuit held that the two nominal prisoner/plaintiffs in a long-running class action lacked standing to assert a denial of their right of access-to-the-courts. Without standing, the district court was without jurisdiction, and the …
Article • July 15, 1999 • from PLN July, 1999
Iowa to Close Prison Law Libraries by In February, 1999, Iowa Department of Corrections director W.L. "Kip" Kautzky announced that within the next two years all prison law libraries in Iowa would be phased out. Kautzy claimed that the state of Iowa currently spends $500,000 a year to maintain its …
Arizona DOC Paralegal Fraud: Law Libraries Closed, Replaced by Scam Artists by Dan Pens One year ago this month, PLN reported that 34 Arizona prison law libraries were permanently closed and replaced with visiting paralegals under contract with the state. [See: "Experiment in Access: Law Libraries Eliminated in Arizona Prisons" …
Article • August 15, 1998 • from PLN August, 1998
Idaho Law Libraries Closed, Pillaged by M.M. Following the lead of Arizona [See: "Experiment in Access" Oct '97 PLN ], the Idaho DOC, on January 19, 1998, revised their method of providing court access to Idaho prisoners. Under the revised policy, the law libraries in Idaho prisons will permanently close. …
Turning the Screws in California by Willie Wisely by W. Wisely Each year, the California Department of Corrections asks the Legislature for an ever-increasing piece of the state's tax pie based in part on claims that violence in the prison system is increasing. The truth is, violent incidents inside have …
Idaho Court Access Class Action Suit Proceeds by Afederal district court in Idaho denied prison officials' motion to dismiss a lawsuit challenging inadequate court access and to decertify the case as a class action suit. In 1992 Idaho prisoners at two prisons filed a class action suit challenging the operation …
Experiment in Access: Law Libraries Eliminated in Arizona Prisons by O'Neil Stough The August 1996, issue of PLN reported Lewis v. Casey, 116 S.Ct. 2174 (1996). The Lewis court, though not explicitly overturning Bounds v. Smith, 430 US 817, 97 S.Ct. 1491 (1977), redefined the meaning of "court access" as …
Article • September 15, 1997 • from PLN September, 1997
Nebraska Women's Court Access Case Reversed by In the August, 1996, issue of PLN we reported Klinger v. Nebraska DOC, 909 F. Supp. 1329 (D NE 1995) which held that women prisoners in Nebraska were denied their right of access to the courts when the prison law library consisted only …
Hygiene and Retaliation Claims Require Trial by The court of appeals for the tenth circuit held that a prisoner's retaliation claim and claim that he had been denied hygiene items required a trial. The court affirmed dismissal of claims regarding inadequate law library access and his placement in administrative segregation …
Double Celling States Eighth Amendment Claim by The court of appeals for the third circuit set forth the conditions under which double celling will violate the eighth amendment. The court also held that segregation prisoners are entitled to legal assistance to present their claims to the courts. Several New Jersey …
Article • March 15, 1997 • from PLN March, 1997
Used Law Books Not Good Enough in California by The California Department of Corrections bought used law books from National Law Resources of Chicago for its High Desert State Prison last year at a savings to taxpayers of $69,000. But, the CDC claimed some of the used books contained "paper …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
Article • December 15, 1996 • from PLN December, 1996
Hungry for Justice in L.A. Jail by More than 50 detainees at the Men's Central Jail in Los Angeles participated in a hunger strike, protesting a lack of legal reference materials and law library access, in August 1996. The hunger strike appears to have been confined to one section of …
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