Cell phones are “Dangerous Contraband” for New York Felony Contraband Possession
by Mark Wilson
On May 8, 2014, a New York Supreme Court Appellate Division held that cell phones constitute “dangerous contraband” under the state’s felony contraband possession statute.
Pursuant to New York law, a prisoner’s possession of non-dangerous contraband ...
Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest
by Mark Wilson
On May 4, 2014, in a corrected decision, the Ninth Circuit Court of Appeals held that lengthy segregation without periodic, meaningful reviews may give rise to a protected liberty interest.
In addition to general population housing, the Oregon ...
Ninth Circuit: No Summary Judgment on Male Guard Supervision of Female Prisoners Ban
by Mark Wilson
The Ninth Circuit Court of Appeals held on July 2, 2014 that a claim that a jail policy banning male guards from supervising female prisoners violates Title VII’s prohibition against sex discrimination could not ...
Oregon Probation Extended for Inability to Pay Financial Obligations
by Mark Wilson
In a July 9, 2014 ruling, the Oregon Court of Appeals upheld a trial court’s extension of probation for failure to pay financial obligations due to poverty. The Court of Appeals concluded that Bearden v. Georgia, 461 ...
Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order
by Mark Wilson
On March 28, 2014, a New Jersey federal district court refused to reduce a prisoner’s attorney fee award to $1.50 (i.e., 150% of his $1.00 nominal damages award) pursuant to the Prison Litigation Reform Act (PLRA), in ...
Ninth Circuit: Abstention Inapplicable in First Amendment Cases
by Mark Wilson
On April 7, 2014, the Ninth Circuit Court of Appeals held that a district court had improperly abstained from hearing a claim that a state court violated the First Amendment by denying prompt access to newly-filed complaints.
Courthouse News ...
Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim
by Mark Wilson
On March 28, 2014, the EighthCircuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s coerced religious-based treatment claim.
Missouri prisoner Randall Jackson is an atheist who was required to attend the Offenders Under ...
Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims
by Mark Wilson
The Eighth Circuit has reversed in part the dismissal of a Missouri prisoner’s claims related to accommodation of his disabilities.
In 2004, Missouri Department of Corrections (MDOC) prisoner Robert Dinkins began suffering blackouts, weakness and difficulty walking. The prison ...
Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion
by Mark Wilson
On March 24, 2014, the Ninth Circuit held that a district court had abused its discretion in refusing to appoint a guardian ad litem for a pro se prisoner who was legally incompetent.
California state ...
Second Circuit: Brady Claim Not Barred by Heck
by Mark Wilson
The en banc Second Circuit Court of Appeals has held that a Brady claim is not Heck-barred when a defendant’s conviction is vacated but he subsequently pleads guilty to a lesser charge in exchange for immediate release.
During ...
