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Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Article • December 15, 2002 • from PLN December, 2002
Dismissal of Legal Mail and Retaliation Claims Reversed by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has reversed the district court's dismissal of claims that prison officials violated a prisoner's right of access to courts and retaliated against him for litigating against them. William R. …
Article • November 15, 2002 • from PLN November, 2002
Texas Extends 6th Amendment Right to Prisoners: Confidential Attorney Calls Allowed by On December 14, 2001, Texas finally released its stranglehold on the right to confidential phone calls between prisoners and attorneys. Texas had been the only state that monitored attorney phone calls. Even then the American Civil Liberties Union …
Article • November 15, 2002 • from PLN November, 2002
Attorney Ghost Writing Must Be Disclosed by The Tenth Circuit has held that participation by an attorney in drafting otherwise pro se appellate briefs is per se substantial legal assistance and must be acknowledged by the attorney's signature. The case arose as a landowner's dispute wherein Arthur Duran sued Dean …
Then They Came for the Lawyers: The Persecution of Lynne Stewart by On April 9, 2002, in a chilling first application of the USA-Patriot Act (pushed into law after 9-11), the U.S. government indicted attorney Lynne Stewart along with three Arab men, Mohammed Yousry, Ahmed Abdel Sattar, and Yassir Al-Sirri. …
Article • August 15, 2002 • from PLN August, 2002
States Capitulate on Reading Legal Mail by John E Dannenberg by John E. Dannenberg The disturbing trend of several states to inspect legal mail outside the presence of the prisoner [see PLN Mar. 2002 "State Prisons Abrogate Attorney Client Privilege"] has begun to crumble under court challenges. Begun under the …
U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
Article • March 15, 2002 • from PLN March, 2002
Recent Significant Decisions by Reaves, Jr, Walter M by Walter M .Reaves, Jr. The following is a summary of some of the more significant recent decisions on issues important to prisoners. Search and Seizure InUnited States v. Osage, 235 F. 3d 518 (10th Cir. 2000), the Court addressed the scope …
Article • March 15, 2002 • from PLN March, 2002
State Prisons Abrogate Attorney-Client Mail Privilege by Just as the federal government has seized on the events of September 11, 2001, to push for a long list of previously desired powers and restrictions on civil liberties, state prison systems have done the same. Several states, including Massachusetts, Virginia, New Jersey, …
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
You're in the Hole: A Crackdown on Dissident Prisoners by Anne-Marie Cusac It was September 19, 2001. Elizabeth McAlister had not heard from her husband, Philip Berrigan, in more than a week. Such silence on Berrigan's part was "most unusual," she says. Convinced that something was wrong, she telephoned the …
Order for Attorney Not to Contact Class Members Void by The Fifth Circuit Court of Appeals has invalidated an order by a district court for ACLU National Prison Project (NPP) lawyers not to contact class members in a suit brought by Mississippi state prisoners. The Fifth Circuit also ordered substitution …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
Article • November 15, 2001 • from PLN November, 2001
From the Editor by Paul Wright The recent attacks of the World Trade Center towers (WTC) in New York City and the Pentagon have filled the news. Largely ignored by the corporate media has been the federal government's treatment of people convicted in previous Muslim terrorist attacks, such as the …
New York AG Turns on Client by A Court of Claims judge denounced a highranking lawyer in the Attorney General's office after she threatened and attempted to intimidate a claimant's expert witness_who happened to be the former New York State Commissioner of Correctional Services. Former Commissioner Thomas A. Coughlin III …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
Article • April 15, 2001 • from PLN April, 2001
Coalition for Prisoners' Rights? by Paul Wright The Coalition for Prisoners' Rights (CPR) is based in Santa Fe, New Mexico and since 1981 has published a small newsletter by the same name. After PLN had recruited counsel to litigate the Oregon bulk mail case, PLN v. Cook [see accompanying article] …
Texas Death Machine Faces Renewed Criticism by A report released October 16, 2000 by the Texas Defender Service, a nonprofit group that represents death row prisoners, concludes that "an intolerably high number of people are being sentenced to death [in Texas] and propelled through the appellate courts in a process …
Article • December 15, 2000 • from PLN December, 2000
Controversy Surrounds Letourneau Tape by A Washington DOC investigator allegedly left his job at the state women's prison in Purdy with a souvenir: a tape recording of Mary K. Letourneau talking on the phone with her attorney. After starting a new job at the state Attorney General's office in 1998, …
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