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Article • December 15, 1992 • from PLN December, 1992
Incarcerated Juveniles Have Right to Court Access by In a still developing area of the law, the Sixth Circuit Court of Appeals affirmed that juvenile prisoners have a constitutional right of access to the courts. To make this right meaningful, the state must provide juveniles with access to attorneys. This …
Guard Liable for Not Stopping Beating by Other Guards by Guard Liable For Not Stopping Beating by Other Guards Donnie Jones is a New York state prisoner who was beaten by prison guards after refusing to follow orders to go to a transit dorm. Jones was taken to the dorm …
Article • September 15, 1992 • from PLN September, 1992
Federal Public Defenders Broke by The Administrative Office of the U.S. Courts has announced that court appointed lawyers, investigators, psychologists and other experts used by the defense will not be paid after June 17, 1992, until the new fiscal year begins on October 1, 1992, because the government "ran out …
Article • August 15, 1992 • from PLN August, 1992
Supreme Court To Define "Prevailing Party" for Purposes of Attorney Fees by Supreme Court To Define "Prevailing Party" For Purposes Of Attorney Fees Under 42 U.S.C. § 1983, a "prevailing party" in a federal civil rights suit may be awarded attorneys' fees. In civil rights cases such attorneys' fees may, …
New Ruling May Impact Prison Law Library Policies by Ed Mead By Ed Mead Arecent decision by the United States Court of Appeals for the Ninth Circuit could have broad implications on policies governing the operation of inmate law libraries. The case addressed the common problems of proper training for …
Con Awarded $1,500 For Inadequate Book Access by A prisoner housed in a maximum security building at a Delaware prison filed a lawsuit challenging the adequacy of the legal resources available to him. The court found the legal resources provided constitutionally inadequate and awarded him $750 in compensatory and $750 …
Beating Violates Eighth Amendment by Alfred Flowers is a Louisiana state prisoner who was handcuffed and shackled after a disciplinary hearing, then beaten and kicked by three prison guards without provocation. Flowers suffered a sprained ankle, small abrasions and limited movement range of his limbs as a result of the …
Article • April 15, 1992 • from PLN April, 1992
Test for Appointed Counsel on 1983 Suits by Test For Appointed Counsel On 1983 Suits A court considering an indigent prison inmate's request for appointed counsel to aid him in pursuing a civil rights action under 42 USC 1983 should consider, as a threshold matter, how hard the prisoner has …
Article • April 15, 1992 • from PLN April, 1992
Counsel Should Be Appointed in Religious Suit by Counsel Should Be Appointed In Religious Suit A Muslim prisoner in Nebraska sought to send a $2.00 donation to a Mosque in Lincoln, which prison officials refused to permit him to do. The practice of Zakah, a form of charity, is one …
Counsel Appointed in Denial of Telephone, Beating Claim by Counsel Appointed In Denial Of Telephone, Beating Claim Billy Tucker was arrested and jailed in Kendall County, Ill. At the time of his arrest he was bloody and had a broken hand and ribs. He was taken to a hospital and …
Article • February 15, 1992 • from PLN February, 1992
State May Retain Private Attorneys to Defend DOC by State May Retain Private Attorneys To Defend DOC A Missouri state prisoner filed suit claiming he was denied medical care by prison officials. The state attorney general then contracted a private law firm to represent the defendants prison officials. O'Connor, the …
Prison's TB Response Legally Inadequate by Prisoners at a Minnesota correctional facility filed a class action lawsuit challenging the tuberculosis screening and control procedures at the prison as so inadequate that they constituted cruel and unusual punishment in violation of the eighth amendment. The trial court agreed with the inmates, …
Article • December 15, 1991 • from PLN December, 1991
Oklahoma Must Provide Adequate Funds for Its Public Defenders by In a highly significant case the 10th Circuit Court of Appeals ruled that by failing to adequately fund it's appellate public defenders the Oklahoma State Legislature deprives prisoners of their right to due process and equal protection of law under …
Search of Legal Files Violates Consent Decree by Search Of Legal Files Violates Consent Decree A prisoner at the Iowa State Penitentiary filed a federal civil rights complaint in which he contended that the search of his legal papers by guards, outside his presence, violated a consent decree entered into …
Article • October 15, 1991 • from PLN October, 1991
Getting Counsel Appointed in Civil Rights Cases by Paul Wright Getting Counsel Appointed In Civil Rights Cases By Paul Wright The vast majority of prisoner rights cases are initiated and filed by prisoners representing themselves. This is due to a variety of reasons but the primary one is that most …
Tacoma Court Commissioner Removed by Mark Adams who has served on the state Court of Appeals in Tacoma for fifteen years was demoted in December of 1990 by the Courts four judges after learning that a judicial misconduct complaint had been filed against Adams. The complaint alleged that Adams put …
Article • August 15, 1991 • from PLN August, 1991
The United States Supreme Court: Petition for Writ of Certiori by Wm Daniel Ravenscroft The United States Supreme Court: Petition For Writ of Certioriari by Wm. Daniel Ravenscroft, Atty. At Law Overview: The United States Supreme Court is the highest court in this country. It is also the final forum …
Article • August 15, 1991 • from PLN August, 1991
Legal Mail May Not be Read by Legal Mail May Not Be Read A Florida prisoner filed suit under § 1983 after a letter from his attorney, addressed to him and marked "legal mail," was opened and read in his presence by a prison guard. The guard confiscated the letter …
Pro Se Litigants Entitled to Litigation Costs by Pro Se Litigants Entitled To Litigation Costs Benton Burt was a pretrial detainee in San Francisco who filed suit under 42 USC, §1983 in federal court claiming he was confined under illegal and unconstitutional conditions. At a bench trial Burt won his …
Prisoner Wins Ban on Military Catalog by A prisoner filed a civil rights complaint alleging that his constitutional guarantees were violated by prison officials refusing to allow him to receive a military surplus catalog. The jury found in favor of the plaintiff on the catalog issue, awarding him $1 in …
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