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Court Issues TRO Protecting Constitutional Right to Family Relationships
Loaded on July 15, 2002
by David Reutter
published in Prison Legal News
July, 2002, page 10
by David M. Reutter
Filed under:
Preliminary Injunctions/TRO's,
Probation,
Family,
Marriage,
Fathers in Prison,
Mothers in Prison.
Location:
New York.
A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. Probationer Julie Tremper pled guilty to criminal possession of a weapon, resulting …
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More from this issue:
- Two Private Kentucky Youth Facilities Closed for Abuse, by Gary Hunter
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics: Unknown Defendant Identities, by John Midgley
- PLN Sues Kansas DOC Over Censorship Policies
- PLN Sues Oregon DOC Over Mail Censorship, Again
- Oregon Prisoners Sue for HCV Treatment
- Court Issues TRO Protecting Constitutional Right to Family Relationships, by David Reutter
- Moore Medical and Prison Industry Leaders Sign Agreements
- Georgia Sheriff Charged in Murder of Successor, by Lonnie Burton
- Deaths in Florida and Virginia Jails Spark National Investigations, by Gary Hunter
- Prison Population Growth Slows Dramatically in 2000
- Illinois Man Awarded $15 Million for 15 Years of Wrongful Imprisonment
- Texas Jail Chaplain Rapes Female Prisoners
- Texas Prisoner Wins $130,000 from Jail for Poor Care, Beatings
- Washington Malpractice Suits Allowed Against Defense Attorneys Despite Alford Plea
- $603,500 in Washington Jail Guard Discrimination Suit
- Wrongly Paroled Texas Prisoner Entitled to Street Time
- Prisoners at Private Federal Prison in California Strike Over Food, Medical Care, by Lonnie Burton
- Schenectady's Jail Strip Search Policy Unconstitutional
- $20,000 Settlement in Montana Jail Strip Search
- Resource Directories
- Deputy Causing Loss of Fingertip States Federal and State Claims
- PLRA Requires Sequential Fee Collection
- Frivolous Dismissal Reviewed Under Abuse of Discretion Standard
- Washington Court of Appeals Adopts Federal "Mailbox Rule"
- Colorado Parole Board Member Busted for Child Porn
- Sanction for Lawyers' Exposing Secret Wackenhut Sexual Abuse Settlement Upheld
- Texas Slavery Upheld Again
- Catalyst Theory Guts Fee Award in Texas Parole Case
- No Jurisdiction for Appeal When Qualified Immunity Not Denied
- No Jurisdiction for Interlocutory Appeal Over Medical Treatment
- Texas Prisoners Have No Absolute Right to Appear in Civil Cases
- No Qualified Immunity in Illinois Denial of Exercise Claim
- Illinois Contraband Law Revisited
- Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal
- Interview by One Montana Parole Board Member Violates Due Process
- Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim
- Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment
- Alaska Filing Fee Statute Upheld
- Book Review: Dr. Melissa Palmer's Guide To Hepatitis Liver Disease, by Phyllis Beck
- Colorado Denial of Motion to Amend Complaint Reversed
- BOP Finger Amputation States Eighth Amendment Claim
- Alabama Jail Enjoined for "Uncivilized and Hazardous Conditions"
- PLRA Filing Fee Due for Each Separate Appeal
- Ninth Circuit Reverses Dismissal for Failure to Comply with Rules
- News in Brief
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Groundbreaking Statistical Study of Pregnant Texas Jail Detainees Finds Over 400 Monthly, April 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Mothers in Prison, Deliberate Indifference.
- Wisconsin Hasn’t Created Prison Nursery Program, One Year After Court Order, March 1, 2026. Injunctions, Mothers in Prison, Parental rights, Children of Prisoners.
- Wisconsin DOC Ordered to Provide Programming for Pregnant Prisoners—34 Years After Law Was Passed, Nov. 1, 2025. Gender Discrimination -- Women, Injunctions, Mothers in Prison, Statutes of Limitation and Laches, Compassionate Release.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- Texas Prison Heat Declared Unconstitutional, May 1, 2025. Eighth Amendment, Exposure to Heat, Preliminary Injunctions/TRO's, Cruel and Unusual Punishment.
- Settlement Bars Family Separations at U.S. Border Until 2031, Pays $6.4 Million in Legal Fees and Costs, March 1, 2025. Settlements, Family, Enforcement of Immigration Laws, Immigration Law/Offenses.
- California Prisoner Wins Round Before Magistrate in Lawsuit Over Marriage Application Delayed Two Years, Dec. 15, 2024. Disclosure of Records, Visiting, Marriage.
- Colorado Law Creates “Rebuttable Presumption” Against Incarcerating Pregnant Women, June 1, 2024. OB/GYN, Bail, Alternative Sentencing, Mothers in Prison, Bail/Pretrial Release, Pending Appeal/Sentencing.
- Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup, April 1, 2024. GEO Group/Wackenhut, Religious Freedom Restoration Act, Marriage, Public versus Private Employees, State Actions.
- Missouri Moms Jailed After Kids Miss Too Much School, April 1, 2024. Family, Mothers in Prison, Children of Prisoners, Vagueness/Overbreadth.

