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Nebraska Supreme Court Says Prisoners Have No Constitutional Right to Own a Typewriter by Lonnie Burton On September 9, 2016, the Nebraska Supreme Court dismissed a complaint filed by a prisoner who was not allowed access to his personal typewriter, ruling that under the United States Constitution, prisoners do not ...
Article • January 15, 2012 • from PLN January, 2012
Typewriters Alive and Well in American Prisons Despite Reports of Their Demise by A recent article in The Daily Mail reported the demise of the venerable typewriter in today’s computer age. “Godrej and Boyce – the last company left in the world that was still manufacturing typewriters – has shut ...
Colorado Prisoners’ Access to Courts, ADA Claims Allowed to Proceed by U.S. District Judge John L. Kane, Jr. has allowed a group of Colorado prisoners to pursue access to court and ADA claims against the Colorado Department of Corrections. Steven Marquiz, Steven Clouse and several other Colorado prisoners sued the ...
South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims by South Dakota state prisoners Leander Clay, James Smith and Kenneth Muetze (plaintiffs) appealed the dismissal of their pro se action for statutory immunity against South Dakota State Penitentiary and Department of Corrections personnel (defendants), which alleged unlawful disciplinary ...
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these ...
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or ...
Legal Aid Lawyers Entitled to Fees in Jail Conditions Suit by Idaho jail prisoners filed suit over jail conditions. The jail was a converted house with rat droppings and a leaking sewage pipe in the kitchen, fire hazards caused by lack of exits, no law library access, including items such ...
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the ...
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding ...
Prisons Required to Provide Law Libraries or Other Legal Aid by The U.S. Supreme Court ruled that prisons must provide prisoners with either adequate law libraries or adequate legal assistance. Prisoners in the North Carolina Department of Correction filed three separate 1983 actions in which they alleged constitutional violations of ...
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law ...
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 ...
South Dakota Prisoners' Dismissed Access to Courts Claims Partly Reversed by The U.S. Eighth Circuit Court of Appeals has partly reversed the dismissal of South Dakota prisoners' claims that the South Dakota Department of Corrections (SDDC) and officials of the South Dakota State Penitentiary (SDSP) engaged in policies and practices ...
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner ...
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners ...
Article • May 15, 2007
No Right to Typewriter by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a memory typewriter. All courts to consider this issue have uniformly held that prisoners have no right whatsoever to typewriters or word processors. No free speech or court ...
Article • May 15, 2007
Minnesota Prison's Indigent, Legal Mail Policies Constitutional by The United States Eighth Circuit Court of Appeals held that a Minnesota prison's policy of providing indigent prisoners with writing materials and allowing them one free mailing per week for legal correspondence met constitutional standards. Jerry Wayne Smith, a Kansas state prisoner ...
$9,000 Paid in WA Retaliation Suit by Airway Heights Correction Center prisoners Derek E. Gronquist and Donald H. Turpin filed a 42 U.S.C. § 1983 in the Eastern District of Washington federal court. The Complaint alleged they were subjected to retaliatory disciplinary action resulting from lawsuits they filed upon the ...
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower courts order granting a new damages trial on a prisoners retaliation claim. The appellate court also upheld the district judges refusal to recuse himself. Ernest ...
Article • August 15, 2005 • from PLN August, 2005
Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution by David Reutter Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution By David M. Reutter Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department ...
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