Racial Violence Against White Prisoners Condoned by The court of appeals for the Seventh circuit affirmed the denial of a preliminary injunction sought by white prisoners against the Illinois DOC. The plaintiffs claimed that prison officials allowed black prison gangs to essentially run the state's prisons and extort and assault …
Due Process Violated by Property Confiscation by The court of appeals for the Seventh circuit upheld a challenge to lockdown conditions at the USP in Marion, IL imposed after two guards and a prisoner were killed at the prison in 1983. The court held that a lower court erred in …
Restitution Allowed in Prison Killing by BOP Prisoner in Illinois convicted of killing another prisoner challenged court ordered restitution for the victim's funeral, etc., pursuant to 18 U.S.C. § 3579(b)(B). The court rejected his argument that restitution was inappropriate because the murder saved the government the cost of housing and …
Section 2241 Proper Remedy for BOP Disciplinary Hearings by The court of appeals for the Seventh circuit held that a BOP prisoner in Illinois had properly filed a 28 U.S.C. S 2241 petition challenging a BOP disciplinary hearing even though he had not exhausted the BOP's administrative remedy program. While …
Case Can't Be Dismissed Because Prisoner Doesn't Appear in Courtroom by The court of appeals for the Seventh circuit, sitting en banc, held that a district court erred when it dismissed an Illinois prisoner's lawsuit because he did not personally appear in court. The prisoner sued police and prosecutors for …
Jail Strip Search Damage Award Upheld by The court of appeals for the Seventh circuit affirmed a damage award in a Chicago, Illinois, jail strip search case. A 53 year old grandmother was arrested on misdemeanor charges and subjected to a visual strip search upon entering the jail. A jury …
IL Jail Strip Search Damage Awards Affirmed by The court of appeals for the Seventh circuit affirmed jury verdicts and damage awards to arrestees subjected to strip searches in the Chicago, Illinois, jail. Three women were arrested for parking ticket violations and failing to produce a driver's license. They were …
IL Jail Detainee's Conditions and Retaliation Suit States Claim by The court of appeals for the Seventh circuit held that a district court wrongly dismissed an Illinois jail detainee's lawsuit for failing to state a claim. The plaintiff sued the jail alleging high levels of racial and sexual violence, inadequate …
Prisoners Have Right to Confidential Meetings with Counsel by Prisoners Have Right to Confidential Meetings With Counsel The court of appeals for the Seventh circuit held that Illinois prisoners have a right to confidentially meet and confer with their attorneys. Court reversed summary judgment ruling in favor of the prisoner …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
State Not Liable for Death of Guards by The court of appeals for the Seventh circuit held that the state of Illinois was not liable for the death of three guards and the injury of three guards during a prison riot. The court held the guards had no constitutional right …
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Common Area Contraband Disciplinary Conviction Upheld by The U.S. Court of Appeals for the Seventh Circuit held, in a split decision, that weapons found in a ventilation shaft adjacent to eight Stateville prison cells, which housed a total of 32 prisoners, provided the "some evidence" necessary to sustain a disciplinary …
Seventh Circuit Discusses Res Judicata and Collateral Estoppel by The U.S. Court of Appeals for the Seventh Circuit held that the doctrines of res judicata and collateral estoppel barred federal civil right actions against county and village officials for due process violations because a successful state mandamus action based upon …
Attorney Fee Award in Illinois Medical Suit by The U.S. District Court for the Southern District of Illinois awarded $605,243.00 in fees to attorneys for prisoners at the Menard Correctional Center (MCC) in a case involving denial of medical care. MCC prisoners filed suit under 42 U.S.C. § 1983 and …
Damage Award for Restriction on Political Speech Upheld by The Court of Appeals for the Seventh Circuit affirmed an Illinois district court's order finding a city ordinance limiting door-to-door solicitation between 9 AM and 5 PM violated the First Amendment and awarding $8,300 in damages for the violation. The court …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
§ 2241 Habeas Corpus Okay for Parolee's Bail Release by The Seventh Circuit determined that a federal parolee could file a petition for writ of Habeas Corpus under § 2241 for his release on bail, while his revocation proceedings were still pending. Vincent Molina was a federal parolee who violated …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
