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Article • August 31, 2017
Arkansas: Failure to Include Interested Party is Fatal to Action for Declaratory Relief by Dale Chappell by Dale Chappell Failure to include an interested party is fatal to an action for declaratory relief, the Arkansas Supreme Court held on August 3, 2017. Cedric Brown pleaded guilty to attempted first-degree murder ...
Article • May 15, 2013
North Carolina Court Dismisses Petition for Judicial Review and Upholds Execution Protocol by North Carolina Department of Corrections' death row prisoners petitioned the Superior Court of North Carolina for judicial review of the Council of State's approval of an execution protocol order under G.S. 15-188 that would be carried out ...
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a ...
Class Action Alleging Unconstitutional Michigan Indigent Defense System Survives Summary Judgment by Michigan’s Court of Appeals has upheld the denial of a summary judgment motion filed by state officials in a class action lawsuit that claims indigent defendants subject to felony prosecutions in trial courts in three Michigan counties have ...
Sexually Harassed Florida Prison Nurse’s Injunctive Relief Claim Moot by A Florida federal district court has denied summary judgment on monetary damages but granted it for injunctive and declatory relief, on motion brought by the Florida Department of Corrections (FDOC) in a lawsuit alleging gender discrimination and hostile work environment. ...
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has ...
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state ...
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner ...
Legal Research Prohibition Upon Contract Attorney Denies Adequate Court Access by David Reutter by David M. Reutter An Iowa federal district court has held that the legal assistance program at Iowas Anamosa State Penitentiary (ASP) was an unconstitutional impediment to a prisoners access to the court because it did not ...
Article • September 15, 2005 • from PLN September, 2005
$7,500 of Personal Injury Award Exempt From Attachment By Illinois DOC by A court of appeals in Illinois ruled that the Illinois Department of Corrections (DOC), which was seeking to attach a settlement awarded a prisoner in a personal injury suit, could not attach $7,500 of the award. That ruling ...
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class ...
New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming ...
Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated' by The Sixth Circuit Court of Appeals, in a case addressing an Ohio prisoner's suit over the Department of Rehabilitation and Correction's (DORC) hairlength restriction "as applied," has reversed the district court's denial of qualified immunity to DORC defendants, but ...
Article • May 15, 2000 • from PLN May, 2000
Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that ...
Prisoners Have First Amendment Right to Private Conversations with Their Attorneys by Prisoners Have First Amendment Right to Private Conversations With Their Attorneys A federal district court in Pennsylvania held that prisoners have privacy and free speech rights to private conversations with their attorneys. Pennsylvania state prisoners incarcerated on death ...
Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a ...
Article • June 15, 1997 • from PLN June, 1997
Pro Se Tips and Tactics (Declaratory Relief) by John Midgley One form of remedy available in federal court, including in some prison cases, is a "declaratory judgment." This column discusses what a declaratory judgment is, why you might want one in some cases, and the requirements for getting one. What ...
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New ...
AG Mail Must be Treated as Legal Mail by Rakim Muhammad is a Michigan state prisoner. He challenged a Michigan Department of Corrections (MDOC) policy of treating mail to prisoners from the state Attorney generals office as ordinary mail, i.e. opened outside the addressees presence, rather than as legal mail ...