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California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns
Article • June 15, 2008 • from PLN June, 2008
Filed under: Exercise, Lockdowns, Attorney Fee Awards, Appointment of Counsel, Civil Procedure, Damages
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action
Article • June 15, 2008
Filed under: Appointment of Counsel, Money/Property, Prisoner Property
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
No Court Access Violation to Deny Law Library Access to Pro Se Defendant
Article • May 15, 2008
Filed under: Appointment of Counsel, Court Access, Law Library Access/Adequacy
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Fabian et al v. Dunn et al, TX, Complaint, juvenile immigrant guard brutality denial of counsel, 2008
Brief • April 2, 2008
Filed under: Appointment of Counsel, Guard Brutality/Beatings, Immigration, Failure to Protect (Juveniles)
Fabian et al v. Dunn et al, TX, Complaint, juvenile immigrant guard brutality denial of counsel, 2008
A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project
Article • March 15, 2008 • from PLN March, 2008
Filed under: Crime, Overcrowding, Appointment of Counsel, Attorney Fees (PLRA), Consent Decrees (PLRA), Administrative Exhaustion (PLRA), Filing Fees (PLRA), Frivolous Litigation (PLRA), Physical Injury Rule, Injunctions (PLRA), Prisoner Privileges, Rehabilitation/Recidivism
A Pursuit of Prisoners’ Health and Safety A conversation with Elizabeth Alexander, director of the ACLU’s National Prison Project by Todd Matthews A Pursuit of Prisoners' Health and Safety: A conversation with Elizabeth Alexander, director of the ACLU's National Prison Project by Todd Matthews Thirty-seven years ago, Elizabeth Alexander graduated …
Study Finds Federal Defenders Outperform CJA Attorneys
Article • February 15, 2008 • from PLN February, 2008
Filed under: Discrimination, Racial Discrimination, Appointment of Counsel, Public Defenders, Title VII
Study Finds Federal Defenders Outperform CJA Attorneys by Indigent federal criminal defendants represented by court-appointed private attorneys ?are, on average, more likely to be found guilty and? to receive longer sentences? than defendants represented by public defenders, according to a new study by a Harvard economist. The study was conducted …
OH Prisoner's Attorney's Rule 11 Sanctions Nullified
Article • January 15, 2008
Filed under: Attorneys, Appointment of Counsel, Public Defenders, Sanctions
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
Eighth Circuit Reverses Dismissal of Forced Religion Claim
Article • December 15, 2007
Filed under: Self Incrimination, Attorneys, Appointment of Counsel, Defenses, Discovery, Sex Offender Treatment, Required Religious Programming, Proselytizing
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim
Article • October 15, 2007 • from PLN October, 2007
Filed under: Sexual Assault, Prisoner-Prisoner Assault, Failure to Protect (General), Staffing, Appointment of Counsel, Complaints, Federal Tort Claims Act
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions
Article • October 15, 2007 • from PLN October, 2007
Filed under: Appointment of Counsel, Attorney Client, Civil Procedure, Standing, Mootness
Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions by by John E. Dannenberg In an important denial-of-access-to-the-courts ruling, a U.S. District Court (S.D. Ohio) held that a juvenile ward who was denied access to the courts after suffering injury from an Ohio Department of Youth Services (ODYS) guard …
Washington Indigents All Get Experts at Public Expense
Article • June 15, 2007 • from PLN June, 2007
Filed under: Criminal Prosecution, Appointment of Counsel, Civil Procedure, Expert Witnesses
Washington Indigents All Get Experts at Public Expense by The Washington State Supreme Court has ruled that CrR 3.1(f) entitles indigent criminal defendants to expert services at public expense, even if they?re represented by private counsel. Rodin Punsalan and Chayce Arden Hanson were prosecuted in the King County Superior Court …
Summary Judgment Cannot Be Granted Solely on Failure to Respond
Article • May 15, 2007
Filed under: Appointment of Counsel, Civil Procedure, Summary Judgment
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Particulars to Be Considered in Indigent Prisoner's Request for Counsel
Article • May 15, 2007
Filed under: Medical, Systemic Medical Neglect, Appointment of Counsel
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal
Article • May 15, 2007
Filed under: Clothing, Water, Appointment of Counsel, Guard Brutality/Beatings, Court Access, Court Appearances
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
No State-Paid Attorneys for Post-conviction Relief in Capital Cases
Article • May 15, 2007
Filed under: Appointment of Counsel, Attorney Client, Public Defenders, Death Penalty/Death Row, Death Penalty
No State-Paid Attorneys for Post-conviction Relief in Capital Cases by The U.S. Supreme Court held that indigent death row prisoners had no constitutional right to state-paid counsel in order to pursue post- conviction relief. Prisoners on Virginia's death row brought a § 1983 action against state officials alleging they had …
Some VA Death Row Prisoners Denied Meaningful Access to Courts
Article • May 15, 2007
Filed under: Appointment of Counsel, Law Library Access/Adequacy, Sentencing, Habeas Corpus, Death Row
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings
Article • May 15, 2007
Filed under: Appointment of Counsel, Sentencing, Habeas Corpus, Probation
United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings by United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings This was a consolidated case in which two Washington state prisoners were granted certiorari after the state …
VA Death Row Prisoners Entitled to Appointed Counsel
Article • May 15, 2007
Filed under: Appointment of Counsel, Habeas Corpus, Death Penalty/Death Row, Death Row
VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …
VA Death Row Prisoners Not Entitled to Appointed Counsel
Article • May 15, 2007
Filed under: Attorneys, Appointment of Counsel, Habeas Corpus, Death Row
VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency
Article • May 15, 2007
Filed under: Attorney Fee Awards, Appointment of Counsel, Attorney Client, Public Defenders, Sentencing, Habeas Corpus, Pardons/Clemency, Death Penalty
State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency by State Death Row Prisoner Not Entitled to Appointment of Federal Counsel for Clemency The Eleventh Circuit Court of Appeals held that a state prisoner sentenced to death is not entitled to the appointment of federally funded …
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