by John K Dannenberg
Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one prison, transfer to another prison with the same problem did not provide the state with a ...
CMS Must Pay $1.75 Million In Illinois Jail Suicide
by John E. Dannenberg
Correctional Medical Services (CMS), a private contractor providing all medical and mental health services at the Lake County, Ill. Jail, was ordered by a federal appeals court to pay a federal district court jury award of $250,000 ...
by John E. Dannenberg
On February 17, 2004, the Superior Court of San Diego County entered a two-year injunction against the State of California and its state prison Joint Venture prison-labor contractors, requiring compliance with the California Labor Code as to employer record-keeping and payroll data, as well as to ...
by John E. Dannenberg
The California Court of Appeals ordered the Board of Prison Terms (BPT) to vacate its decision denying parole and give a murderer a new parole hearing wherein it shall consider the prisoner's psychological evaluations as favoring parole and shall properly consider all evidence favoring parole suitability, ...
by John E. Dannenberg
The California Court of Appeals held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a life prisoner's unexecuted grant of parole was properly determined by the Board, and thus upheld the rescission. In a subsequent federal habeas ...
by John E. Dannenberg
The Third U.S. Court of Appeals held that legitimate cost and convenience factors supported the New Jersey Department of Corrections' (NJDOC) decision to provide the 280 observant Muslims with only vegetarian Halal (Islamic ritually correct) meals instead of their requested meals made with Halal meat. The ...
by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed by the granting of an administrative appeal, was a sufficient factual predicate ...
by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals held that the broader "totality of the circumstances" standard must be used rather than just a narrower statistical burden when testing for racial bias in a prisoner voter disenfranchisement complaint. The U.S. District Court (E.D. WA) had summarily dismissed ...
BOP Good Time Credits Must Be Calculated Against Sentence, Not Pro-Rated To Time Served
by John E. Dannenberg
The U.S. District Court (W.D. Wisc.) held that good time credits available to federal prisoners under 18 U.S.C. § 3624(b) must be calculated as a percentage of the sentence imposed rather than ...
by John E. Dannenberg
The U.S. Supreme Court held that Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. § 12132, which guarantees disabled individuals access to all activities of public entities, operated to protect disabled persons restrained by physical barriers in court facilities because such ...
