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Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Article • May 15, 2007
Seizure of Prisoner's Pretrial Discovery Materials Upheld by State prisoner David Savage filed a motion for relief from prosecutorial misconduct alleging Macon County Illinois jail officials confiscated discovery materials given to him by his counsel prior to trial. The confiscation was based upon advice from the State Attorney's Office that …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Confiscation of Prisoner Property Upheld by The confiscation of the plaintiff's property did not deny due process because the state made post-deprivation remedies available in the form of a grievance procedure. At 515: "The mere fact that plaintiff has faced some difficulty in having his grievance heard, based on his …
Article • May 15, 2007
Seventh Circuit Discusses Injury in Court Access Suits by The plaintiff, seeking post-conviction relief, was held in a jail whose law library he deemed inadequate, and he was not able to obtain disbursement forms to buy legal materials because he did not provide prison officials with the reason for his …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
Inmate Access to Legal Resources & Materials, LJN Exchange, 2004 Jnmate Access to Legal Reso~Af>4ces & Matef>4ials How Do We P~ovide J~mates Access to the Cot,t~s? he question posed in this article's title has challenged correctional administrators for decades. Just when most thought they had it right, the U.S. Supreme …
Article • December 15, 2002 • from PLN December, 2002
Prisoner Allowed Discovery in Mail Destruction Case by The Second Circuit court of appeals has reversed summary judgment in a case involving the destruction of legal materials in a package mailed to a prisoner to allow the prisoner discovery to determine the name of the person who received the package …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
Article • November 15, 2001 • from PLN November, 2001
Cell Search, Property Seizure Suit Set for Trial by Cell Search, Property Seizure Suit Set For Trial A federal district court in Delaware held that summary judgment was not appropriate to decide if a prisoner's cell had been illegally searched and his papers improperly seized. Michael Jordan, a Delaware prisoner, …
Maynor v. Morgan County, AL, Consent Decree, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 45 Filed 09/25/01 Page 1 of 18 F·- 11'··~ L::. ·-.. r·) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA 01SEP25 PM 3: 32 NORTHEASTERN DMSION U.S. DiS: r.;~: N.O. OF AL …
Article • May 15, 2001 • from PLN May, 2001
The Prisoner's Guide to Survival: A Comprehensive Legal Assistance Manual for PostConviction Relief and Prisoners' Civil Rights Actions by Sam Rutherford By L. Powell Belanger PSI Publishing, Inc. (745 Pages) Reviewed by Sam Rutherford The Prisoner's Guide to Survival is a new legal research tool that covers all aspects of …
Maynor v. Morgan County, AL, Complaint, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 1 Filed 04/05/01 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA C. / "~i - 3 i.. ; ~·: NORTHERN DMSION JOHNNY MAYNOR, Anthony Murphree, Christopher Nichols, Yvette Barbee, …
Article • January 15, 2001 • from PLN January, 2001
High Standard of Proof for Retaliation Claims by On remand, a federal district court in New York held that a state prisoner failed to establish "actual injury" in his access to court claims, nor did he show that prison officials acted with a retaliatory animus. Once again, summary judgment was …
Article • September 15, 2000 • from PLN September, 2000
Colorado DOC Attacks Jailhouse Lawyers by In March 1998, PLN reported on the case of Tebbetts v. Whitson, 956 P.2d 639 (Colo.App. 1997), where a Colorado prisoner was convicted of attempted bartering as a jailhouse lawyer and possessing another prisoner's legal papers. The Court of Appeals held the attempted bartering …
Washington DOC Settles Mail Censorship Suit by In early October, 1999, the Wash- ington Department of Corrections settled a wide ranging lawsuit challenging various aspects of its mail censorship policies. PLN reported the filing of the suit in its November, 1997, issue. The lawsuit had publisher plaintiffs Humanists of Washington, …
Retaliatory Acts Need Not "Shock the Conscience" to be Actionable by by Matthew T. Clarke The Sixth Circuit court of appeals, sitting en banc, has held that prisoners who claim retaliation for constitutionally protected activities are no longer required to prove the retaliatory acts "shock the conscience." Instead, they must …
AEDPA Statute of Limitations Tolled by The court of appeals for the Third circuit held that the one year statute of limitations in which to file a federal habeas corpus petition is a statute of limitation subject to tolling. In 1994 Frank Miller, a New Jersey state prisoner, was found …
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