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Article • January 15, 2001 • from PLN January, 2001
Right to Associate Still Viable by The U.S. court of appeals for the Second Circuit held that genuine issues of fact, as to the reasonableness of an official denial of a prisoner's request to form a legal defense center, precluded summary judgment for prison officials. The court, however, further held …
Pregnant OH Prisoner Obtains Abortion by A U.S. District Court enjoined the director of an Ohio prison from denying a pregnant jail prisoner access to abortion services. Jane Doe, a pseudonymous female prisoner at River City Correctional Center in Cincinnati, was approximately 6 weeks pregnant when she was incarcerated on …
PLRA Attorney Fee Cap Not Retroactive in Attorney Client Case by A federal district court in Colorado has held that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(d) does not apply to attorney fees accrued prior to the enactment of the PLRA, but …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
First Amendment Guarantees Kosher Meals by The court of appeals for the Third 1 Circuit held that under the First Amendment, prison officials must provide Jewish prisoners with a diet sufficient to sustain them in good health without violating kosher laws. However, the food need not be hot, nor even …
New Jersey Porn Ban Struck Down by In two separate rulings a federal court in New Jersey held that a New Jersey statute prohibiting imprisoned sex offenders from receiving or possessing sexually oriented materials was unconstitutional. The two rulings consist of a preliminary injunction and a permanent injunction enjoining the …
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer by A federal court in New Jersey has issued a temporary injunction to prevent state parole officials from notifying a paroled sex offender's employer of his parole status and criminal history. John Doe is a paroled New Jersey state sex …
No Liberty Interest in Ohio Visiting Rules by Afederal district court in Ohio held that Ohio state visiting rules do not create a liberty interest in visitation. Melissa Blair is a former Ohio prison guard married to Ohio prisoner Lemont Blair. The Blairs' visiting privileges were suspended after prison officials …
Article • December 15, 1998 • from PLN December, 1998
Preliminary Injunction Granted in Kosher Diet Claim by Prisons must provide a diet which conforms to prisoners' sincerely held religious beliefs according to a federal court in Colorado. Charles Beerheide, Sheldon Perlman, and Allen Fistell, Colorado state prisoners who are Orthodox Jews, filed suit under 42 U.S.C. § 1983, alleging …
AL Jail Enjoined From Holding Prisoners Overnight by Afederal district court in Alabama held that conditions in the Pickens county jail in Carrolton, Alabama, were so abysmal it was not fit for human or animal habitation. Prisoners in the jail filed a class action suit challenging the conditions of their …
Magistrates Lack Jurisdiction to Impose Contempt Sanctions by The court of appeals for the ninth circuit held that magistrates lack jurisdiction to impose criminal contempt orders, even when the parties have consented to proceed before a magistrate. James Bingman, a Montana state prisoner, filed suit after not receiving adequate dental …
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 …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Washington Cost Bill PI Vacated by In the February, 1996, issue of PLN we reported Richey v. Nerup, the unpublished ruling by federal judge Quakenbush in Spokane, WA who entered a Preliminary Injunction (PI) on September 14, 1995, enjoining the Washington DOC from seizing funds from prisoner litigants assessed cost …
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 …
California EFV Injunction Reversed by In the September, 1995, issue of PLN we reported that a Marin county superior court judge had issued a preliminary injunction enjoining Title 15, section 3174(e)(1) of the California Code of Regulations (CCR). The regulation in question eliminated family visits for a wide category of …
Article • March 15, 1997 • from PLN March, 1997
Media TRO Denied by A federal district court in Missouri held that a television station and prisoners had virtually no likelihood of success in challenging a prison system's ban on video taped interviews. A Missouri TV station began filming interviews with prisoners throughout MO prisons. After initially granting the interview …
New Jersey Sex Offender Registration Injunction Vacated by In the July, 1995, issue of PLN we reported Artway v. Attorney General of New Jersey, 876 F. Supp. 666 (D NJ 1995) where a district court held that a New Jersey sex offender registration law was constitutional as far as requiring …
New York Sex Offender Registration Enjoined by A federal district court in New York held that a state law allowing public notification of sex offenders released from prison violates the ex post facto rights of those offenders convicted before the law was passed. Since 1990 at least 46 states, starting …
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