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Suit Over Seizure of IRA Refund Check Dismissed

Article • May 15, 2007

Filed under: Physical Injury Rule, Seizure of Prisoner Funds, Tax Law, Federal Statutory Law, Federal Tort Claims Act, Sovereign Immunity

Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …

Suit Dismissed for Failing to Pay Initial Filing Fee

Article • May 15, 2007

Filed under: PLRA, Filing Fees (PLRA)

Suit Dismissed for Failing to Pay Initial Filing Fee by Plaintiff was assessed an initial fee, didn't pay, and now says that because he didn't pay, prison officials have no authority to take installment payments from him. Wrong. At 952: "The Prison Litigation Reform Act (PLRA) makes prisoners responsible for …

Nebraska Sheriff Liable for Jail Suicide

Article • May 15, 2007

Filed under: Supervisory Liability, Failure to Train/Supervise, Mental Health, Suicides

Nebraska Sheriff Liable for Jail Suicide by The plaintiff called 911 in a state of despondency; the police arrived, he said he would kill himself if he was arrested, so the police arrested him, brought him to jail, and placed him in an isolation cell and gave him a blanket, …

Kicking Suspect for Drugs Illegal

Article • May 15, 2007

Filed under: Immunity/Liability, Qualified Immunity, Excessive Force (Police)

Kicking Suspect for Drugs Illegal by The court finds factual issues barring summary judgment with respect to the plaintiff's complaint of excessive force during arrest, and finds the defendant officers not entitled to qualified immunity with respect to kicking him for 53 seconds as he lay on the ground. At …

Eighth Circuit Upholds Dismissal of Phone Rate Challenge

Article • May 15, 2007

Filed under: Telephones, Telephone Rates

Eighth Circuit Upholds Dismissal of Phone Rate Challenge by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an excessive prison phone rate case for failure to state a claim under FRCP 12(b)(6). As we have reported extensively, all similar litigation to date has been unsuccessful in …

Prisoners Have Property Interest in their Money

Article • May 15, 2007

Filed under: Money/Property, Seizure of Prisoner Funds, Prisoner Property

Prisoners Have Property Interest in their Money by Prisoners Have Property Interest in Their Money The court of appeals for the Eighth circuit affirmed a district court order directing Nebraska prison officials to return $463.00 found in a prisoner's cell and directing it be placed in the Inmate Welfare Fund …

Elimination of Boxing Program for Racial Bias States Claim

Article • May 15, 2007

Filed under: Discrimination, Racial Discrimination, Exercise

Elimination of Boxing Program for Racial Bias States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed a Nebraska prisoner's lawsuit claiming that a prison boxing program was eliminated by prison officials out of racial animus because most of the …

Legal Mail Marking Requirement Upheld

Article • May 15, 2007

Filed under: Mail, Mail Regulations, Legal Mail

Legal Mail Marking Requirement Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison policy where mail from attorneys and the courts was opened and read outside the prisoner's presence if it was not marked "legal mail" even if it was obvious the mail came from …

Impartial Hearing Officer Required in Disciplinary Hearing

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Hearing Officers

Impartial Hearing Officer Required in Disciplinary Hearing by The court of appeals for the Eighth circuit reversed a district court's sua sponte dismissal of a Nebraska prisoners § 1983 suit against a prison disciplinary hearing officer who refused to recuse himself from a hearing because plaintiff was suing the hearing …

Fire Hosing Prisoners Damage Award Affirmed

Article • May 15, 2007

Filed under: Attorney Fee Awards, Guard Brutality/Beatings, Fire Hoses, Civil Procedure, Damages

Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …

No Attorney Fees for Prisoner Paralegal

Article • May 15, 2007

Filed under: Attorney Fee Awards, Court Access, Law Library Access/Adequacy, Paralegals, Costs

No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …

Damage Award in Denial of Clothes and Bedding Affirmed

Article • May 15, 2007

Filed under: Exposure to Cold, Clothing, Strip Cells, Bedding, Immunity/Liability, Qualified Immunity, Supervisory Liability

Damage Award in Denial of Clothes and Bedding Affirmed by The court of appeals for the Eighth circuit affirmed a district court verdict of $1,400 in favor of a Nebraska prisoner kept in solitary confinement in his underwear with no bedding besides a mattress for 14 days. The court held …

NE Jail Liable for Strip Searches

Article • May 15, 2007

Filed under: Searches, Strip Searches, Arrestee Searches

NE Jail Liable for Strip Searches by The court of appeals for the Eighth circuit held that a Nebraska jail policy of strip searching all arrestees was unconstitutional. Plaintiff was arrested for dog leash violations and strip searched when brought to jail. District court entered judgment for defendants. Appeals court, …

Ad-Seg Phone Limit Upheld

Article • May 15, 2007

Filed under: Telephones, Telephone Access

Ad-Seg Phone Limit Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison's administrative segregation policy that permitted ad seg prisoners to call only three on a list, and the list was limited to two family members and one female friend. In doing so, the appeals …

Urine Testing for Drugs Upheld

Article • May 15, 2007

Filed under: Searches, Drug Testing

Urine Testing for Drugs Upheld by The court of appeals for the Eighth circuit upheld the random urine drug testing, using the EMIT system, of Nebraska prisoners against a variety of challenges. All courts to consider the issue have upheld the urine testing of prisoners against a variety of challenges. …

Prisoners Have Right to Notice of Rules

Article • May 15, 2007

Filed under: Notice of Rules, Civil Procedure, Standing

Prisoners Have Right to Notice of Rules by The Eighth U.S. Circuit Court of Appeals affirmed that prisoners in custody of the Nebraska Department of Correctional Services (DOCS) do have right to advance notice of rules and orders promulgated by DOCS, DOCS' prison wardens, or prison supervisors before the rules …

Sheriff Denied Qualified Immunity in Jail Suicide

Article • May 15, 2007

Filed under: Qualified Immunity, Mental Health, Suicides

Sheriff Denied Qualified Immunity in Jail Suicide by The Eighth Circuit Court of Appeals affirmed a district court's denial of qualified immunity to the Lincoln County, Nebraska, Sheriff in a jail suicide case. On December 8, 2001, Lincoln County Officers responded to a 911 call from an emotionally despondent Dennis …

Mailroom Employee's Actions Not Due Process Violation

Article • May 15, 2007

Filed under: Money/Property, Prisoner Property

Mailroom Employee's Actions Not Due Process Violation by A Nebraska prisoner brought suit under 42 U.S.C. § 1983 alleging that prison officials violated his constitutional rights under the Fourteenth Amendment by denying him property without due process of law. The suit was filed in response to legally ordered craft materials …

Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act

Article • May 15, 2007

Filed under: Private Prisons, State Law Claims, Standing, Parties

Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act by Nebraska Prisoner Not in Private Prison Denied Standing to Challenge State Private Prison Contracting Act Steven Jacob, a Nebraska state prisoner, filed a lawsuit in state court challenging the validity of the State Private …

Prisoners In 13 States Allowed Work-Access To Social Security Numbers

Article • April 15, 2007 • from PLN April, 2007

Filed under: Prison Industries, Prison Labor, News, Federal Legislation

Prisoners In 13 States Allowed Work-Access To Social Security Numbers by John Dannenberg by John E. Dannenberg The U.S. Office of the Inspector General (OIG) reported that prisoners in thirteen states had access to Social Security numbers (SSNs) during the course of their prison employment. Following a nationwide survey, the …