By Matt Clarke
The Idaho Court of Appeals has ruled that an indigent prisoner’s legal action cannot be dismissed for failure to post the bond required by I.C. § 6-610 of persons filing suit against a “law enforcement officer.”
Steven Lee Hyde, an Idaho state prisoner and adherent of the …
by Matt Clarke
On September 20, 2007, the Supreme Court of Nevada held that parole release meetings were exempt from the requirements of the Nevada Open Meetings Law (OML), N.R.S. Chapter 241.
John Witherow, a Nevada state prisoner, filed a complaint in state court against the Nevada Board of Pardons …
By Matt Clarke
A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court.
Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit pro se in state district court alleging prison officials on …
by Matt Clarke
On March 4, 2009, the Seventh Circuit court of appeals held that a prisoner who alleges retaliation for free speech was not required to show that the speech engaged in concerned a matter of public interest.
Jimmy D. Bridges, a Wisconsin state prisoner, filed a civil rights …
By Matt Clarke
On November 7, 2007, the Fifth Circuit court of appeals ruled that the "mailbox rule" did not apply to Texas state habeas corpus actions.
Gene Edward Howland, a Texas state prisoner, delivered a state petition for a writ of habeas corpus to prison officials for mailing to …
By Matt Clarke
On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the Fourteenth Amendment did not protect his good time credits from forfeiture in disciplinary action resulting …
By Matt Clarke
An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the Illinois Sexually Dangerous Persons Act (SDPA), 725 Ill. Comp. Stat. Ann. 205/0.01 et seq., who applied for discharge.
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By Matt Clarke
An Arizona court of appeals has reversed the denial of attorney fees and award of costs to defendants in a suit brought to compel Maricopa County Sheriff Joseph M. Arpaio to produce public records.
In 2004, the Phoenix New Times (PNT), made nine requests of the Maricopa …
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 waived his right to counsel in a criminal case has no right of access to a law library.
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By Matt Clarke
The Fifth Circuit court of appeals held that the government may place a lien on property to collect restitution for up to twenty years after the judgment, even if the victim has waived collection of the restitution.
In 1992, David B. Ridgeway was convicted of 22 federal …
