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Articles by David Reutter

PLRA Allows California Religious Preliminary Injunction

by David M. Reutter

The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction arguing that: the prisoners lacked standing; the district court had no jurisdiction to enter a second injunction after the notice of appeal was filed; and the district court abused its discretion in entering the injunctions. The injunction barred disciplinary action against Muslim prisoners for attending Jum'ah services and missing work or educational assignments.

In order to have standing, a plaintiff must allege "actual or imminent harm." "The status of being subject to a governmental institution that was not organized or managed properly" does not raise a prisoner's claim to the level of a claim or controversy. In this case, the prisoners claimed they were subject to disciplinary action for unexcused absences to attend Jum'ah services on Fridays. Therefore, they face the choice between following work program rules and obeying the Qur'an. The court held that the prisoners have standing to seek injunctive relief.

The defendants then filed a notice of appeal. The court entered ...

Florida Guards Murder Another Prisoner, Get Another Acquittal

by David M. Reutter

A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree murder, conspiracy to commit aggravated battery on a prisoner, official misconduct, and accessory to felony murder. Despite taking months to select a jury and four weeks of trial, the jury rendered its decision in only 3 ? hours. The jury's decision was a result of the paltry job done by the prosecution, the jury's composition, or perhaps both.

Valdes was on death row at Florida State Prison (FSP) for killing a guard while trying to free another prisoner being transported from Glades Correctional Institution to a doctor's office in West Palm Beach. The area around FSP is home to a small rural community that relies upon the $100 million economic impact provided by the employment of 3,000 people who work at the areas five prisons. Of the 11,079 potential jurors available in Bradford County, over 3,000 were called to the courthouse for possible selection in the Valdes murder trial. With only three jurors chosen, of ...

Court Criticizes PLRA Attorney Fee Cap

by David M. Reutter
( A federal district court for the Eastern District of Michigan (EDM) has held the Prison Litigation Reform Act (PLRA) caps attorney fees in prisoner civil rights cases, but criticized that holding. Michigan prisoner Blaine Sallier was awarded damages of $13,000 by a jury for a ...

Court Issues TRO Protecting Constitutional Right to Family Relationships

by David M. Reutter

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 in sentencing being postponed for one year in lieu of interim probation during that period. Thereafter, the Court could dismiss the charge, impose sentencing terms of incarceration or probation, or take other action.

Tremper and Johnson filed suit and sought TRO relief barring enforcement of a special probation condition that Tremper refrain from contact with Johnson. The defendant, Ulster County Department of Probation (UDCP), regularly recommends that judges impose such a condition. Tremper and Johnson alleged the condition violated their "privacy and associational rights under principals of substantive due process under the First, Fourth, Ninth, and Fourteenth Amendments." Specifically, they argued their right "to participate in the care, custody, and management of their natural child, and the right of their child to live together with her natural parents."

There is no dispute that enforcement of the condition will cause irreparable harm to Tremper and Johnson by prohibiting them from ...

Hitching Post Unconstitutional

The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility (Limestone) in 1995 .On two occasions he was handcuffed to a "restraining bar" or "rail," known as the hitching post.

The first time, Hope was hitched because of a verbal altercation with another prisoner .After two hours Hope was released .During that period he was offered water and a bathroom break, every fifteen minutes .The second time, Hope was involved in a physical altercation with a guard .There is a dispute about who started the fight, but Hope stated one of the guards began choking him because he fell asleep on the bus en route to the work site, and did not exit promptly with other prisoners .Hope was taken back to Limestone and hitched to the post without a shirt for seven hours .During this period Hope was given water once or twice and no bathroom breaks.

To establish an Eighth Amendment claim a prisoner must prove a subjective violation, as well as an objective ...

Court Modifies Education Plan for Rikers Island Youth

by David M. Reutter

In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the previous ruling in this case. See PLN November 2000. This is a class action suit filed by youths sixteen to twenty-one years of age, who have not yet received a high school diploma or its equivalent. The Court granted the youth's summary judgment motion, and on June 29, 2000, reluctantly approved the Education Plan noting it would "not meet all the needs of incarcerated youths" and appointed a monitor.

After a year's observation, the monitor filed a Final Report. Based upon that report, both parties moved to modify the plan. The Court stated that although it is pleased that significant changes have occurred over the course of six years litigation, further modifications are required to fulfill the law.

Class members are entitled to schooling within 10 days of incarceration, and the Court held the defendant's were not adequately following the law and the plan when informing youths, especially the non-English speaking, they could enroll in educational ...


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