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Prisoner Phone Recordings not Exempt from FOIA Disclosure by Prisoner Phone Recordings Not Exempt From FOIA Disclosure The Court of Appeals for the DC Circuit has held that a prisoner is entitled under the Freedom of Information Act (FOIA) to recordings of his properly monitored phone conversations with his attorney …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Article • August 15, 2002 • from PLN August, 2002
Washington Prisoner Attorney Disciplined for Negligence by by Lonnie Burton Attorney Jean Scheidler-Brown holds the DOC "free-services" contract to provide legal representation to prisoners incarcerated at McNeil Island Corrections Center (MICC) and the Washington Correction Center for Women, both in Washington state. In April 1997, she agreed to represent MICC …
Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld by by Matthew T. Clarke The Court of Appeals for the Fifth Circuit upheld the district court's sanctions against the prisoners' lawyers in a suit against Wackenhut Corrections Corporation (WCC) after the lawyers revealed the terms of a secret settlement …
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 …
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 …
Absent Plain Error, Objection Necessary to Preserve Issues by The appeals court for the Seventh circuit held that if a pretrial ruling is definitive, objection at trial is not necessary to preserve the issue for appellate review. The court also held that objection to a guard's counsel's references to pretrial …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Dismissal for Incompetent Appointed Lawyer Reversed by The court of appeals for the seventh circuit held that district courts should not dismiss cases for want of prosecution where court appointed counsel is plainly incompetent. Lawrence Dunphy, an Illinois state prisoner filed suit claiming prison officials violated his eighth amendment rights …
Rural Prison as Colonial Master by Christian Parenti In 1964, a tsunami swept over Crescent City, California completely destroying the downtown. Only nine people died, but the town -- nestled just below the Oregon border -- never recovered. It was rebuilt as a shabby imitation of California's worst planning examples; …
Dismissal for Derelict Lawyer Reversed by Arizona prisoner (name withheld) The court of appeals for the fifth circuit held that a district court abused its discretion when it dismissed, with prejudice, a prisoner's lawsuit as a sanction for his appointed counsel's dereliction. Tyronne Clofer, a Louisiana state prisoner, filed suit …
Article • January 15, 1998 • from PLN January, 1998
Attn: Lawyers in Prison by Calfornia Lawyer , a legal trade magazine, is planning an article on incarcerated attorneys. We are looking for anyone who was a member of the California State Bar and who is serving time in a state or federal prison. The article will address issues that …
DA Liable for Preventing Court Appearance by Tobin Lemmons is an Oklahoma state prisoner. While in jail he filed a workers compensation complaint against his former employers with the aid of an attorney and law firm he hired for this purpose. On two occasions in 1991 the state judge before …
Ban on Japanese Publications Struck Down by Yu Kikumura is a member of the Japanese Red Army held at the US Penitentiary in Marion, IL. A Japanese national, he can read, speak or write very little English and Japanese remains his primary language. On more than 20 occasions Marion prison …
Article • December 15, 1994 • from PLN December, 1994
Fast Food Style Death Penalty Defense by Harris County, Texas, which encompasses Houston, is the death-penalty capital of the U.S. [See: Houston, Death Penalty Capital of USA on page 15 of this issue]. What better place for a lawyer to develop and market the same techniques that made fast food …
A Bunch of Scumbags by Adrian Lomax By Adrian Lomax Awhile back a friend wrote in her letter to me that, as she was writing, her son walked into the room and asked what she was doing. Upon hearing her answer, the son said, "Those guys in prison are a …
Article • August 15, 1993 • from PLN August, 1993
Default Appropriate for Obstructing Discovery by This is not a prison case but a personal injury suit concerning the faulty design of Suzuki Samurais. We are reporting it in PLN because obstruction of the discovery process by litigants is quite common and this is a good case explaining the sanctions …
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 • December 15, 1990 • from PLN December, 1990
CBCC Legal Services Scam by Paul Wright By Paul Wright On October 26, 1990, some 42 prisoners at CBCC showed up for what had been purported t be a "legal seminar" by Jean Schiedler Brown. It got started a half-hour late at 10 AM. It turns out Ms. Brown and …
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