New York False Imprisonment Claim Revived; Administratively-Imposed PRS Term Invalid
by Mark Wilson
On December 26, 2013, a New York appellate court reversed a lower court’s dismissal of a prisoner’s false imprisonment claim.
In 2000, Francis Moulton was sentenced to 42 months in prison on a robbery conviction. The trial ...
Ninth Circuit: Prisoner Validated as Gang Member May Challenge Debriefing Procedures
by Mark Wilson
On January 15, 2014, the Ninth Circuit Court of Appeals reversed the dismissal of a prisoner’s claim related to “debriefing” with respect to his alleged gang affiliation.
In 2007, California prisoner Ricky Gonzales was validated as ...
Washington Ad Seg Prisoner Improperly Denied Earned Time
by Mark Wilson
On December 30, 2013, the Washington State Court of Appeals held that prison officials had improperly denied earned time credit to a prisoner held in administrative segregation (ad seg).
Washington law authorizes sentence reductions for “earned time,” which is ...
Seventh Circuit Upholds Dismissal of Illinois Booking Fee Challenge
by Mark Wilson
On January 2014, the Seventh Circuit Court of Appeals upheld the dismissal of a challenge to a jail’s booking fee policy.
The Village of Woodridge, Illinois imposes a $30 booking fee on any person who is arrested and ...
Ninth Circuit Revives Ad Seg 24-Hour Lighting Claim
by Mark Wilson
On January 16, 2014, the Ninth CircuitCourt of Appeals reversed a summary judgment order dismissing a prisoner’s claim related to 24-hour lighting in a segregation cell.
While incarcerated at the Airway Heights Corrections Center, Washington prisoner Neil Grenning was ...
Second Circuit: Spraying with Feces Not De Minimis Injury; $7,000 Settlement After Remand
by Mark Wilson
The Second Circuit Court of Appeals held on December 20, 2013 that spraying a prisoner with a mixture of feces, vinegar and oil is not a de minimis injury
New York state prisoner John ...
Ninth Circuit: Exhaustion Prior to Amended Complaint Satisfies PLRA
by Mark Wilson
On January 14, 2014, the Ninth Circuit Court of Appeals held that claims raised in an amended complaint satisfy administrative exhaustion requirements under the Prison Litigation Reform Act (PLRA) if they are exhausted before the amended complaint is ...
California Exhaustion Requirement Extends to Independent Contractors
by Mark Wilson
On December 6, 2013, the California Court of Appeal, Third Appellate District, held that prisoners must exhaust administrative remedies before suing independent contractors employed by the prison system.
California prisoner Ira Don Parthemore was examined by Dr. Peter R. Col, ...
Tenth Circuit Holds “Consensual” Sex Defeats Prisoner’s Eighth Amendment Claim
by Mark Wilson
The Tenth Circuit Court of Appeals has held that a female prisoner’s “consensual” sex with two guards did not violate the Eighth Amendment.
Stacey Graham was housed in solitary confinement at a jail in Logan County, Oklahoma. ...
Alaska Filing Fee Statute Denies Prisoners Court Access
by Mark Wilson
In December 6, 2013, the Alaska Supreme Court held that barring an indigent prisoner from filing an appeal due to inability to pay the filing fee deprived him of his fundamental right of access to the courts.
In May ...
