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Article • December 15, 1995 • from PLN December, 1995
Court Access May Require Counsel by The court of appeals for the ninth circuit has affirmed a lower court ruling holding that the right of court access requires either access to law libraries or the assistance of counsel only through the pleadings stage of civil rights complaints or habeas corpus …
Article • December 15, 1995 • from PLN December, 1995
Florida Repeal of Earned Time Law Upheld by In 1988 the Florida state legislature enacted Fla.Stat. § 944.277 (1988) which extended the amount of gain-time awarded to prisoners. This was one of several statutes enacted by the Florida legislature in order to maintain the Florida prison population within the limits …
Article • December 15, 1995 • from PLN December, 1995
Opening Legal Mail Violates Access to Courts by The court of appeals for the third circuit has held that opening a prisoner's legal mail outside his presence violates his right of access to the courts. The court also held that this right is well established so that prison officials who …
Article • December 15, 1995 • from PLN December, 1995
10th Circuit Vacates Utah Court Access Order by In the November, 1994, issue of PLN we reported Carper v. Deland, 851 F. Supp. 1506 (D UT 1994) which involved a class action suit filed by Utah state prisoners claiming that the DOC's method of providing court access, contract attorneys with …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Jail Detainee Entitled to Law Library Access by A district court in Texas has held that jail prisoners have a right to law library access in order to defend against lawsuits in which they are the defendant, the court also held that a "bookmobile" system of allowing prisoners to check …
New Mexico Blood Money by For two days in February, 1980, New Mexico prisoners seized control of the state penitentiary in Santa Fe. When it was over, 33 prisoners were dead, hundreds more were hurt, the gym was burned to a shell and the cell blocks, offices and other areas …
Death Row Prisoners Keep Right to Contact Visits with Counsel by The court of appeals for the tenth circuit has held that condemned and maximum security prisoners held in an Oklahoma control unit are entitled to contact visits with their attorneys. The court also held that all violations of prisoners' …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
Attorney Fees Awarded in MCC Suit by Past issues of PLN have reported on repression and conditions at the Maximum Control Center (MCC) in Westville, IN and the legal challenges to those conditions as well as political struggle around it. The lawsuit was settled which resulted in numerous changes being …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Brief • August 7, 1995
Uribe v. Riveland, WA, Order, Attorney Fees and Costs, Discrimination Case, 1995 II 2 '- - Pf2: / 2 3 - ... - ........ -'-·:"i!, 4 O' - \ - IN THE SUPERIOR COURT OF THE STATE OF WASHI~{~_. S " • _.1. IN AND FOR THE COUNTY OF THURSTON …
Article • July 15, 1995 • from PLN July, 1995
No Interlocutory Appeal of Discovery Order by In a sharply worded opinion the eighth circuit court of appeals has described the limited circumstances in which it will entertain an interlocutory appeal from a district courts discovery orders. The case involves Sherman White, an Iowa state prisoner, who filed suit under …
Helms Amendment Ruled On by In the December, 1994, issue of PLN we analyzed various provisions of the federal crime bill that was passed that year. One of the provisions was the Helms amendment which limited the relief that federal courts could grant in class action suits brought by prisoners …
Appointment of Counsel by In the February, 1994, issue of PLN we extensively discussed the third circuits ruling in Tabron v. Grace, 6 F.3d 147 (3rd Cir.1993) which set forth the standards district courts should use when ruling on pro se prisoner plaintiffs motion for appointment of counsel. The ruling …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • July 15, 1995 • from PLN July, 1995
9th Cir. Upholds Attorney Fee Award by This is not a prison case per se. It involves the ninth circuit court of appeals upholding an award of attorney fees of $66,535 in a case where the plaintiff only recovered nominal damages of $1. Because prison litigation often involves small or …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
Prison Worker Compensation Law No Bar to Bivens by Loren Bagola is a federal prisoner. He filed a Bivens suit against Bureau of Prisons (BOP) officials claiming that he lost his right hand when he was forced to operate prison machinery that officials knew to be unsafe. He claimed that …
Article • April 15, 1995 • from PLN April, 1995
Attorney Fees for Monitoring Consent Decree by In 1992 prisoners seeking to desegregate the Southern Ohio Correctional Facility (SOCF) in Lucasville, Ohio, entered into a consent decree with prison officials. Under the terms of the decree the cells at SOCF would be randomly integrated. After the April, 1993, rebellion at …
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