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RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Town Enjoined from Banning Games by The village passed an ordinance that prohibited playing games in public places, including streets, sidewalks, schoolyards, parks, and bodies of water, and cited parents for "parental irresponsibility" when their children disobeyed the ordinance. The village then repealed the ordinance after being preliminarily enjoined. The …
Article • May 15, 2007
State Court Proceedings Limit Federal Injunctive Suits by A challenge to practices in the state foster care system is barred by Younger abstention, given that state courts exercise jurisdiction over persons in foster care on a continuing basis. At 1332: "In suits for prospective injunctive relief, courts have been troubled …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
Article • May 15, 2007
Defendant Denial Reinforces Need for Injunction by Actions for statutory injunctions need not meet the traditional equity requirements for injunctive relief. Once a violation is shown, the moving party need show only that there is some reasonable likelihood of future violations. Past misconduct is highly suggestive of the likelihood of …
Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
AL Jail Fined for Violating Population Cap by A federal district court in Alabama issued an order fining the Mobile County, Alabama, jail $5,000 a day for failing to comply with a jail population limit. The court had previously found that overcrowding at the jail was so severe that it …
Injunction, Damages in Prison Rape Affirmed by The court of appeals for the Eighth circuit affirmed a jury's aware of damages and a court's injunction in a South Dakota prisoner's rape suit. Plaintiff was raped by other prisoners at the South Dakota State penitentiary and filed suit. At trial, a …
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners …
Contempt for Disciplinary Hearing Injunction Violations Upheld by Contempt for Disciplinary Hearing Injunction violations Upheld The court of appeals for the Second circuit affirmed contempt sanctions imposed against New York state prison officials for violating an injunction in disciplinary hearings lawsuit. In this class action suit New York prisoners obtained …
Censorship of Critical Report Struck Down by The court of appeals for the Second circuit affirmed a district court injunction ordering New York prison officials to deliver a report critical of prison administrators in that state to New York prisoners. The lower court ruling is reported at 596 F. Supp. …
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Puerto Rican Prison System Unconstitutional by In two separate orders published as one case, a federal district court in Puerto Rico found the entire island's prison system to be unconstitutional and found prison officials to be "not credible." Overcrowding was 3-5 times rated capacity, with prisoners sleeping in closets, covering …
Puerto Rican Prisons' Attempt to Evade Injunction Denied by Court by A federal district court in Puerto Rico held that Puerto Rican prison officials were attempted to avoid complying with injunctive relief previously ordered by the court, see 497 F. Supp. 14 (D PR 1980) and 672 F. Supp. 591 …
Article • May 15, 2007
Puerto Rican Prison Officials in Contempt of Overcrowding Order by A federal district court in Puerto Rico held that the governor of Puerto Rico and island prison officials were in contempt of court for violating an injunction requiring that prisoners be given first 35 square feet, then 50 ft. then …
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