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Article • May 15, 2012
Arkansas Supreme Court Addresses Forma Pauperis Motion for Copy of Transcript by In a per curiam opinion, the Supreme Court of Arkansas denied a petitioner’s pro se motion for use of transcript of the appeal of his 1992 conviction for rape and subsequent life sentence. The court treated petitioner’s motion ...
Article • February 15, 2011 • from PLN February, 2011
Filed under: Court Access, Photocopies
Texas Supreme Court Rules Typed Copy of Grievance Decision Satisfies Chapter 14 by The Supreme Court of Texas has held that a prisoner who submits a hand-typed copy of the prison grievance decision he received adequately meets the requirements of Chapter 14, Texas Civil Practice and Remedies Code (TCPRC). Michael ...
Article • November 15, 2008 • from PLN November, 2008
Colorado DOC Increases Legal Photocopy Fees 400 Percent by As if cutting prisoner wages 70 percent (from $2 per workday to $0.60 while providing nothing but one roll of toilet paper per week) was not enough, Colorado Department of Corrections executive director Aristedes Zavaras has ordered the facility law libraries ...
District Of Columbia Class Action Reinstated For Excessive Copying Fees by District of Columbia resident Julian Ford sought review of his class action denial against medical records contractor ChartOne, Inc., for charging excessive copying fees. The court denied the certification deeming Ford's acquisition of the records for commercial purposes and ...
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 ...
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep ...
Tennessee Public Records Act Requires Fees For Copying, Production by Pro se Tennessee State prisoner Omawali Shabazz, aka Fred Dean, appealed a 1999 ruling denying certain documents and requiring fees for others. Dean had brought an action to compel the production of documents from various Tennessee Department of Corrections personnel, ...
Article • December 15, 2007
Charging Excessive Fees Preparing, Producing Records Prohibited Under Freedom Of Information Act by The South Carolina Civil Justice Coalition (CJC) probed the Office of the Attorney General (AG) for an opinion regarding excess fees for requesting documents under the Freedom of Information Act (FOIA) and clarification as to who determines ...
Article • December 15, 2007
Kentucky Prisoners Requesting Account Statement Must Pay Required Fee by Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment ...
Article • December 15, 2007
In Forma Pauperis Status Does Not Waive Copying Fees When Requesting Records by Pro se Georgia State prisoner Embery McBride petitioned the Appellate Court to review a 1990 court ruling granting the Columbus, Georgia, police chief's (Chief) motion dismissing his action for the deliberate denial of documents. The court ruled ...
PA Legal Assistance Suit Remanded by The Court of Appeals for the Third Circuit held that the lower court had erred when it dismissed, on summary judgment, a Pennsylvania state prisoner's claims that he was not allowed to assist other prisoners with legal claims, had been denied use of the ...
Article • May 15, 2007
Filed under: Court Access, Photocopies
Prisoners Have Right to Pay for Photocopies by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit that prison officials refused to photocopy legal documents for filing in a lawsuit. The prisoner had the money to pay for the ...
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. ...
Article • May 15, 2007
Filed under: Court Access, Photocopies
No Right to Free Photocopies by The court of appeals for the Tenth circuit held that an Oklahoma BOP prisoner did not have a right to free photocopying for filing legal documents. In this case the BOP charged 10 cents per copy and would debit the prison trust accounts of ...
Article • May 15, 2007
No Right to Copies of Cases when Law Library Access Available by No Right to Copies of Cases When Law Library Access Available The court of appeals for the Eleventh circuit held that a Florida prisoner had no right to be provided with photocopies of court cases as long as ...
Article • May 15, 2007
Limits on Prisoner Legal Mail and Photocopy Expenses Affirmed by Colorado Department of Corrections prisoner Benito Negron filed a state court lawsuit against prison officials alleging that administrative regulations violated his right to court access and freedom of speech by limiting legal photocopies and postage, amounting to cruel and unusual ...
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was ...
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a ...
Article • March 15, 2006 • from PLN March, 2006
Florida DOC's Copy Cost Assessment Rule Declared Invalid by David Reutter by David M. Reutter Florida's First District Court of Appeal has held the Florida Department of Corrections (FDOC) does not have legislative authority to support its rule regarding the amount prisoners are charged for photographic copying services, authorizing deductions ...
Acrimonious Michigan Prisoners' Rights Suit Settled After 15 Years by John E Dannenberg by John E. Dannenberg A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric ...
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