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Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again by Parole-eligible Virginia prisoners face one of the nation’s stingiest boards. So state lawmakers made parole decisions more transparent with passage of two new laws, the most recent signed by Gov. Glenn Youngkin (R) on April 4, …
Article • September 7, 2016
Delaware: Prisoners Have No Right of Access to Certain DOC Policies; Court Rules Statute Denying Access Constitutional by Lonnie Burton On May 25, 2016, the Court of Chancery of the State of Delaware upheld the constitutionality of a state statute which prohibits the Department of Correction (DOC) from providing certain …
Brief • January 18, 2008
Centinela v. Bacardi & Co, DDC, Order, Interrogation, 2008 Case 1:04-cv-02201-RCL Document 66 Filed 01/18/08 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) TEQUILA CENTINELA, S.A. de C.V., ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. ) …
Coleman v. Schwarzenegger, CA, Joint Statement Re Discovery Dispute, Medical Class Action, 2007 1 2 3 4 5 6 7 8 PRISON LAW OFFICE DONALD SPECTER Bar No.: 83925 STEVEN FAMA Bar No.: 99641 E. IVAN TRUJILLO Bar No.: 228790 General Delivery San Quentin, California 94964 Telephone: (415) 457-9144 BINGHAM, …
Article • May 15, 2007
Court Denies Leave to Add Parties to Medical Suit by The plaintiff is denied leave to add new parties because he was months past the court-set deadline and gave no reason for it. The plaintiff's state law medical negligence claim is barred by the failure to present it to a …
Article • July 15, 2002 • from PLN July, 2002
Ninth Circuit Reverses Dismissal for Failure to Comply with Rules by The Ninth Circuit Court. of Appeals has reversed a California District Court's dismissal of a federal prisoner's suit because the prisoner failed to comply with local court rules in filing an amended complaint. Federal prisoner Alejandro Ordonez filed suit …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
No Frivolousness Review Allowed When Filing Fee Paid by The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants …
Reversal of Disciplinary Hearing Doesn't Moot Suit by The court of appeals for the eighth circuit has held that a state court reversal of a prison disciplinary hearing does not preclude the prisoner filing suit for money damages in federal court. The appeals court also criticized and reversed the lower …
MO Court's HIV Disclosure Rule Struck Down by Judges in Cole County, Missouri enacted a local court rule requiring that jail officials inform them, in camera, whether a prisoner scheduled for a court appearance had an infectious disease or carried the HIV virus believed to cause AIDS. The purported reason …
Article • August 15, 1993 • from PLN August, 1993
Dismissal Error for Failing to Obey Local Rules by Ronald Kilgo is a Georgia state prisoner. When he was in the Fulton County Jail he filed suit under § 1983 because jail officials had repeatedly refused his requests for medical treatment of a back injury and had subjected him to …
Article • April 15, 1992 • from PLN April, 1992
Complaint Should Not Be Dismissed for not Complying with Local Rule by Stephen Stackhouse, a former Pennsylvania state prisoner, filed a civil rights suit claiming he was denied due process and subjected to cruel and unusual punishment while in prison. The defendants filed for dismissal and for summary judgement, Stackhouse …
Article • February 15, 1992 • from PLN February, 1992
Denial of Personal Hygiene Items States Claims by Denial Of Personal Hygiene Items States Claims A Kentucky state prisoner claimed that while he was held in a county jail he was denied personal hygiene items for two weeks which violated his Eighth amendment rights. He also claimed that jail officials …