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Article • June 11, 2019
Civil Rights Attorney Sues to Collect Fees by Edward Lyon by Ed Lyon Emily Posner is a Louisiana attorney representing state prisoner Kenneth Idel in a federal civil rights lawsuit. Idel alleges that prison guard Richard Pope broke and caused permanent damage to his jaw when Pope kneed the back …
Article • June 30, 2017 • from PLN July, 2017
Michigan Jail Sanctioned for Denying Access to Paralegals by Derek Gilna by Derek Gilna On June 23, 2016, jail officials in Genesee County, Michigan entered into a federal consent decree that required them to provide detainees with bottled water to replace water at the jail that was contaminated by lead. …
Brief • November 8, 2016
Young v. Pickell, MI, Order to Enforce Consent Decree, Contaminated Water, 2016 2:16-cv-12459-AC-SDD Doc # 20 Filed 11/08/16 Pg 1 of 6 Pg ID 102 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TRACHELLE YOUNG, Plaintiff, vs. Case No. 16-12459 ROBERT J. PICKELL, HON. AVERN COHN Defendant. ________________________________________/ …
Article • January 12, 2015
Exchange of Court Opinions between Attorney and Prisoner Merits First Amendment Injunction by Exchange of Court Opinions between Attorney and Prisoner Merits First Amendment Injunction A Nevada federal district court granted a preliminary injunction to a prisoner and his attorney friend to enforce their First Amendment right to exchange correspondence. …
Article • September 15, 2011
Ohio: Jailhouse Lawyer OK'd Absent State-Supplied Meaningful Alternatives by John Dannenberg Ohio: Jailhouse Lawyer OK’d Absent State-Supplied Meaningful Alternatives by John E. Dannenberg A majority of the Ohio Supreme Court held that the right of prisoners to meaningful access to the courts entitles them to be aided by jailhouse lawyers …
"Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner by Brandon Sample "Public Concern" Test Does Not Apply To Prisoner Claims of Retaliation; Speech Must Be Consistent with Status as Prisoner By Brandon Sample The "public concern" test does not …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees by In a January 13, 2011 ruling, the Ninth Circuit Court of Appeals determined that the cap on attorney’s fees established by the Prison Litigation Reform Act (PLRA) also applies to separately billed paralegal fees, notwithstanding …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Court Access, Paralegals
Texas Sues Former Prisoner Over Unauthorized Practice of Law by Matthew Clarke by Matt Clarke On May 12, 2010, the Unauthorized Practice of Law Committee (UPLC), a nine-member body appointed by the Texas Supreme Court that is responsible for enforcing statutes prohibiting the unauthorized practice of law, filed suit against …
Article • December 15, 2009
Paralegal Barred from Illinois Prison by On August 22, 1983, the Seventh Circuit affirmed a lower court's decision to deny relief to Illinois prisoner Preness Crusoe. Crusoe filed a complaint against the warden of Stateville Correctional Center in Joliet, Illinois, Richard DeRobertis, for his decision to deny visitation privileges to …
Article • September 15, 2009 • from PLN September, 2009
Working in Legal Field Not Prohibited While on Federal Supervised Release by Federal probation officers cannot restrict persons on supervised release from working as legal assistants, the U.S. Court of Appeals for the Eleventh Circuit held on April 8, 2009. Yraida L. Guanipa, convicted of attempted possession with intent to …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
Court Orders Attorney General to Allow Law Students Access to Political Prisoners at Federal Supermax by Brandon Sample On January 17, 2008, U.S. District Judge Wiley Y. Daniel granted a preliminary injunction permitting University of Denver law students access to two prisoners housed at the Bureau of Prisons’ (BOP) Administrative …
Paralegal Services Reimbursed at Market Rate Under Federal EAJA by The Richlin Security Service Co. (Richlin) provided guards for U.S. government detainees at the Los Angeles International Airport during the 1990s. Contract ambiguities resulted in Richlin guards being underpaid. In 1995, the U.S. Department of Labor ordered the government to …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
Article • May 15, 2007
Lay Advocate Case Affirmed in Part by In an unpublished opinion, the Seventh Circuit court of appeals affirmed in part, reversed in part, and remanded an Indiana case requiring that prisoners in segregation be given a lay advocate during disciplinary transfer hearings. There are numerous other opinions in this case …
Prisoner Legal Aide's Firing Upheld for Violating Prison Rules by The plaintiff was terminated from the prison legal clinic after misusing his position to send mail to unauthorized places and signed letters indicating he was the representative of other inmates, which was contrary to prison policy. He was fired after …
Article • May 15, 2007
Third Circuit Terminates Prison Paralegal Clinic Injunction by Prison officials moved to terminate an injunction requiring a prisoner-run law clinic. Plaintiffs conceded that there was no current and ongoing constitutional violation, but said if the judgment is terminated there will be because the defendants will shut down the clinic. At …
Article • May 15, 2007
NJ Death Row Prisoners Entitled to Court Access by A federal district court in New Jersey issued a Preliminary Injunction to provide death row prisoners in that state with access to paralegals and legal materials to ensure their right of access to the courts. This probably does not survive Lewis …
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