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Censorship of Photos States §1983 Claim by Censorship of Photos States §1983 Claim The U.S. District Court for the Eastern District of Michigan held that a state prisoner's complaint that a prison mail room supervisor denied black prisoners nude photographs of white women while permitting white prisoners to have nude …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Article • May 15, 2007
Jim Crow Segregation Laws Illegal by A three judge district court struck down as unconstitutional Georgia statutes requiring the racial segregation of state prisons and local jails. Court also held prisoners lacked standing to demand prisons and jails to hire black staff. Interesting historical description of Jim Crow prisons. See: …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Article • May 15, 2007
Washington DOC Pays $10,810 in Wheelchair Discrimination Suit by In 1999, the State of Washington and the Department of Corrections paid Travis Sparr $10,810 dollars. Sparr, a double amputee above the knee, resided at Washington State Penitentiary in Walla Walla, Washington, when he was subjected to cruel and unusual punishment(s). …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
Washington Prisoner Has Right to Counsel in Racial Discrimination Suit by The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Western District of Washington erred when it dismissed a pro se prisoner's lawsuit for failing to state a claim and for denying …
Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Article • May 15, 2007
Aryan Brotherhood Prison Killing Appeals by The Aryan Brotherhood (AB) is a small criminal organization based mainly in the California and federal prison systems. A series of four cases involving the criminal convictions of various AB members for prison murders, several in the control unit of the federal penitentiary in …
Article • May 15, 2007
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
Article • May 15, 2007
Education Administrator Appointment Vacated and Remanded by Education Administrator Appointment Vacated And Remanded The Sixth Circuit Court of Appeals vacated the order of the E.D. Michigan, S.D., District Court appointing an educational administrator for the female prisoners who sought to have educational parity with the male prisoners. The court held …
Article • May 15, 2007
Court Orders Appointment of Education Administrator in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for …
Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Article • May 15, 2007
WA Racial Segregation Suit Settled for $500 and Transfer by A 42 U.S.C §1983 suit filed in the federal Eastern District Washington court by twelve prisoners at the Washington State Prison alleged prison officials were racially biased in making cell assignments. All of the cells were segregated by race; i.e., …
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim by Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim The U.S. Supreme Court reversed and remanded a district court's dismissal of a federal civil rights action, holding that it was improper because defendant's materials did not sufficiently negate plaintiff's allegations. …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Article • May 15, 2007
Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations by Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations The United States Supreme Court has held that enlisted military personnel may not maintain a Bivens suit to recover damages from a superior officer for alleged constitutional violations. The …
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