Skip navigation

Search

196 results
Page 8 of 10. « Previous | 1 2 3 4 5 6 7 8 9 10 | Next »

Injury Report Satisfies Texas Tort Claims Actual Notice Requirement by by Matthew T. Clarke A Texas state court of appeals has ruled that the safety investigation and accident report of an accident in which a prisoner was injured gave the prison system actual notice of the prisoner's claim as required …
Statutes Affecting Disabled Prisoners by Daniel E. Manville In the past couple of years, there have been a number of changes to federal statutes that provide protections to those confined with disabilities. This article discusses those changes. Additional rights that the disabled may have under federal and state constitutional provisions, …
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric …
Article • January 15, 2003 • from PLN January, 2003
Habeas Hints: Procedural Update by Kent Russell This column is intended to pro-vide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
Article • November 15, 2002 • from PLN November, 2002
Ingram v. Scott Reversed: TDCJ-ID in Compliance with Section 501.008 by by Matthew T. Clarke On appeal following remand, a Texas court of appeals has held that the instructions on a grievance form bring TDCJ-ID into compliance with the requirement in section 501.008, Texas Government Code, that the Texas Department …
Exhaustion Not Mandatory for Kansas Habeas Petitioners; Retained Counsel at Disciplinary Hearings is Discretionary by The Supreme Court of Kansas held that prisoners are not required to exhaust administrative remedies before petitioning for a writ of habeas corpus. The court also held that neither due process nor regulations of the …
Article • September 15, 2002 • from PLN September, 2002
Louisiana's Administrative Remedy Procedure Unconstitutional by by Matthew T. Clarke The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution. Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his …
Article • May 15, 2002 • from PLN May, 2002
TDCJ-ID Must Provide Procedures for Prisoners to Identify Evidence Supporting Grievances by by Matthew T. Clarke A Texas court of appeals has ruled that the Texas prison system is required by law to provide procedures for a prisoner to identify evidence to substantiate the prisoner's claim. Charles William Ingram, Jr., …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
No Qualified Immunity for Prison Officials Who Upheld Grievance by In a scathing opinion written in the first person, Elaine Bucklo, a federal judge in Illinois, handed down a potentially far-reaching ruling which favored a prisoner complaining of inadequate medical care, denied qualified immunity to prison medical workers, and found …
Article • March 15, 2002 • from PLN March, 2002
Equitable Tolling May Apply to Administrative Exhaustion by The Arizona Court of Appeals reversed a trial court's grant of summary judgment against a prisoner for failure to file a tort claim notice with the Attorney General's office within 180 days of his injury as required by ARS § 12821.01(A). On …
Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell by Silja JA Talvi In the early morning hours of February 2, 1998, at Clallam Bay Correctional Center (CBCC), Washington State prisoner Sylvester Mahone felt like he had had enough. Locked up in isolation in one …
Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Thirty Days to Sue Following Resolution of Grievance by An appeals court in Texas has held that Texas prisoners have only 30 days to file a lawsuit after resolution of their administrative grievance. Failure to do so results in dismissal of the suit. Richard James Randle, a …
Article • August 15, 2000 • from PLN August, 2000
Guard's Intentional Destruction of Typewriter States §1983 and Texas Tort Claims by A Texas state court of appeals has held that a guard's intentional destruction of a prisoner's typewriter states a claim under 42 U.S.C. §1983 and Texas tort law. Robert Gordon, a Texas state prisoner, filed suit under 42 …
Retaliation Verdict Remanded for Damages by The court of appeals for the Eighth circuit held that a district court abused its discretion when it only awarded nominal damages to a prisoner who won a grievance retaliation claim against a jail guard. The court also notes cases on damage awards for …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
Article • April 15, 1999 • from PLN April, 1999
PLRA Exhaustion Requirement Not Retroactive by The court of appeals for the Ninth circuit held that the administrative remedies exhaustion provision of 42 U.S.C. § 1997e(a), as amended by the PLRA, does not apply retroactively to prisoner actions filed prior to its enactment date of April 26, 1996. The court …
Pennsylvania Consent Decree Clarified by Afederal district court in Pennsylvania held that a consent decree was applicable only to prisoners confined to six prisons named therein. The court further held that violations of the decree could be considered by the court in contempt proceedings. However, the court would only entertain …
Article • June 15, 1998 • from PLN June, 1998
Illinois Court Access Suit Dismissed by When the U.S. supreme court decided Lewis v. Casey , 116 S.Ct. 2174 (1996) [ PLN , Aug. 1996] PLN noted that the ruling essentially gutted prisoners' right of access to the courts and made it virtually impossible for class action court access claims …
Page 8 of 10. « Previous | 1 2 3 4 5 6 7 8 9 10 | Next »