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Article • October 10, 2017 • from PLN October, 2017
Prisoner Showed Good Cause for Extension of Time by The Tenth Circuit Court of Appeals held a district court erred in denying a prisoner’s motion for extension of time to respond to a dispositive motion. Oklahoma state prisoner Archie Rachel, 71, filed suit in federal court regarding his medical treatment ...
Eleventh Circuit: Procedural Dismissals do Not Count as Strikes Under the PLRA by David Reutter by David Reutter The Eleventh Circuit held last year that a district court erred in finding the dismissals of a prisoner’s prior civil rights actions due to “lack of jurisdiction” and for “want of prosecution” ...
White v. Dona Ana County Detention Center, NM, Recommendation, Mailroom Law Library, 2011 Case 2:08-cv-00955-WJ-GBW Document 138 Filed 01/12/11 Page 1 of 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DENVER JAMES WHITE, Plaintiff, v. No. CV 08‐0955 WJ/GBW DONA ANA COUNTY DETENTION CENTER, ET ...
Dear Librarian: Filling the Information Gap for Prisoners with No Internet Access by Christopher Zoukis For most Americans, life without Google or Wikipedia would be quite different, and living without Internet access probably unimaginable. One might ask, “How would I obtain the information I need to live my life?” Yet ...
Article • August 24, 2016
Oregon Court Improperly Holds Library Denial Claim is Heck-Barred by On July 31, 2014, an Oregon federal court erroneously dismissed a denial of law library claim, as barred by Heck v. Humphrey, 512 U.S. 477 (1994). On August 2, 2002, Seth Edwin Koch was convicted of two counts of Aggravated ...
Article • August 10, 2016
Federal Prisoners in Canada Have Limited Access to Libraries Due To Funding Cuts by Christopher Zoukis A number of federal prisons in Canada are cutting library hours and library staff, limiting access to books, making it harder to improve literary skills to prepare for reintegration to society. Correctional Investigator Howard ...
Brief • July 14, 2016
Couch v. Jabe, VA, Judgment, Censorship Prisoner Library, 2010 Case 7:09-cv-00434-jct-mfu Document 43 Filed 09/01/10 Page 1 of 21 'CLERK'S OFFlee U,S, DI8T. coURT AT ROANOKE, VA FILED SEP 0 1 2010 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION WILLIAM R. COUCH, Plaintiff, ...
Article • April 9, 2015 • from PLN April, 2015
Nebraska Supreme Court Upholds One-Hour Law Library Access by Mark Wilson Nebraska Supreme Court Upholds One-Hour Law Library Access by Mark Wilson On June 13, 2014, the Nebraska Supreme Court held that a prisoner did not state a cognizable access to court claim because he failed to show actual injury ...
Article • January 10, 2015 • from PLN January, 2015
Georgia: Mandamus Available to Compel Law Library Access by David Reutter Georgia: Mandamus Available to Compel Law Library Access by David Reutter he Georgia Supreme Court held in February 2014 that a trial court erred in denying the filing of a prisoner’s petition for mandamus seeking access to a law ...
Wilson v. Sabatka-Rine, NE, Settlement, Wicca Discrimination, 2014 .. : IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA HAROLD 8. WILSON, Plaintiff, v. DIANE SABATKA-RINE, et al., Defendants. Case No. 4:11 CV3215 ) ) ) ) ) ) ) ) ) SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT Is ...
Article • January 15, 2014 • from PLN January, 2014
Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim by Derek Gilna Illinois state prisoner Brian Burd filed a 42 U.S.C. § 1983 complaint for damages in 2010, alleging that officials at the Sheridan Correctional Center had denied him reasonable access to the facility’s law library; consequently, he was ...
PA Prison Might Unconstitutionally Restrict Prisoners’ Court Access by William Bryan, a Pennsylvania state prisoner, sued prison officials in federal district court under 42 U.S.C. 1983, claiming that they denied him adequate access to the courts. Legal business was conducted through a prisoner-staffed law clinic which was not allowed to ...
Article • June 15, 2013 • from PLN June, 2013
New York Commission of Correction Says Jails Don't Need Law Libraries by According to the Albany Legislative Gazette, the New York State Commission of Correction will no longer require the county jails it oversees to provide law libraries for detainees, effective May 18, 2013. Although jails must provide prisoners with ...
$75 Awarded for Magazine Denial; Access to Personal Law Books Denied by On January 3, 2001 a U.S. Magistrate judge upheld the denial of a prisoner's access to personal law books and awarded $75 for magazines denied by the unit. Louisiana State prisoner Leo J. Schwartz, III was segregated over ...
Article • April 15, 2013
Wyoming State Prisoner's Suit for Access to Courts Denied by 10th Circuit by Derek Gilna Wyoming prisoner Gary Lee Belden, sentenced in Wyoming state court to life imprisonment, has been denied relief by the U.S. Court of Appeals for the Tenth Circuit for alleged violations of his constitutional right to ...
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to ...
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional ...
Article • November 15, 2011
South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access by South Carolina District Court Affirms Magistrate’s Dismissal of Prisoner’s § 1983 Action Alleging Denial of Legal Access By Derek Gilna In an action brought by prisoner Korell Robert Floyd Battle against Sheriff ...
Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who ...
"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 ...
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