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Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Women Prisoners Win Court Access Claim by Past issues of PLN have reported the class action suit filed by women prisoners in Nebraska concerning a wide range of prison conditions. See: Klinger v. Nebraska DOC, 824 F. Supp. 1374 (D NE 1993); 31 F.3d 727 (8th Cir. 1994) and 887 …
Article • August 15, 1996 • from PLN August, 1996
Supreme Court Reverses Court Access Case by Paul Wright In the June, 1995, issue of PLN we reported Casey v. Lewis, 43 F.3d 1261 (9th Cir. 1994) in which a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona …
Article • July 15, 1996 • from PLN July, 1996
Jail Detainee's Court Access Right Violated by A federal district court in Pennsylvania held that pretrial detainees retain a right of access to the courts. Charles Turiano, a PLN subscriber, filed suit under 42 U.S.C. § 1983 claiming his right of access to the courts was violated when he was …
Illinois DOC Violates Court Access Rights by A federal district court in Illinois held that the Illinois DOC violates the rights of segregated prisoners by requiring them to rely on a "runner system" in order to do legal research and litigate their claims. In a lengthy post trial ruling examining …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Article • February 15, 1996 • from PLN February, 1996
How the Florida DOC Circumvents Prisoners' Rights to Meaningful Access to the Courts by Van Poyck, William by William Van Poyck and Enrique J. Diaz Although prisoners' constitutional right to meaningful access to the courts has been clearly established for almost three decades, the Florida DOC continues to evade and …
Washington Court Access Suit Settled by Paul Wright In the April, 1994, issue of PLN we reported the filing of Scott v. Peterson which challenged numerous aspects of court access for Washington state prisoners. On October 31, 1995, most of the suit was settled and the settlement terms were effective …
Article • December 15, 1995 • from PLN December, 1995
Sending State Responsible for Legal Materials by The ninth circuit has agreed with other circuits, holding that when a state prisoner is transferred to another state, the sender is responsible for ensuring the prisoners' access to the courts. James Boyd is a Kansas state prisoner who was transferred to 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 …
Article • October 15, 1995 • from PLN October, 1995
Detainees Entitled to Exercise and Law Library by Pretrial detainees, like convicted prisoners, retain a right of access to the courts and to outdoor exercise. Jim Housley was a pretrial detainee in the Custer County jail in Oklahoma. He filed suit under 42 U.S.C. § 1983 claiming that his constitutional …
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 …
9th Circuit Affirms Court Access Case by In a wide ranging ruling, a unanimous panel of the ninth circuit court of appeals affirmed most of a lower court ruling designed to ensure Arizona prisoners' right of access to the courts. In the May 1994 issue of PLN we reported Casey …
Publication • 1995
Prison Law Library Guidelines A.A.L.L. 1994/95 Prison Law Library Guidelines 1994/1995 Prepared by a Joint Committee from the American Association of Law Libraries * American Library Association * American Corrections Association * &joined by Correctional Education Association * Introduction In Bounds v. Smith 430 U.S. 817 (1977), the United States …
Prisoners Can't be Forced to Choose Between Law Library and Recreation by John Allen is a Hawaii state prisoner held in a Special Housing Unit (SHU) after allegedly assaulting a guard. His SHU confinement was indefinite. While in SHU he could use the law library and outdoor recreation area only …
Article • January 15, 1995 • from PLN January, 1995
Law Library Access Not "Core" Bounds Requirement by In a major setback for Washington state prisoners the ninth circuit has held that prisoners do not have a right of access to prison law libraries. William Vandelft was infracted while at the Washington Corrections Center in Shelton. He served a sanction …
Article • November 15, 1994 • from PLN November, 1994
Transferee Entitled to Sending State Case Law by James Clayton is an Oklahoma state prisoner subjected to an involuntary out of state transfer to New Mexico. Clayton had several pro se legal matters pending in Oklahoma state courts at the time of his transfer. The New Mexico prison system did …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
Article • July 15, 1994 • from PLN July, 1994
Lockdown May Be Unconstitutional by Danny Eason is a Texas state prisoner. After two disturbances, in which he was not involved, the prison he was housed in was locked down for a total of 25 days. He claimed that during this period he was denied access to the prison law …
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