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Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …
Article • May 15, 2007
No Right to Clergyman of Choice by The court of appeals for the Ninth circuit held that Oregon prisoners do not have the right to clergymen of their choice, hence, prisoners can't sue when their favored clergyman is fired by prison officials. Court also held that injunctive and declaratory relief …
Article • May 15, 2007
South Dakota Prisons' Conditions of Confinement Are Unconstitutional by The U.S. District Court for the District of South Dakota, in a class action suit, found that the totality of conditions at the South Dakota State Penitentiary (SDSP) and in the Women's Correctional Facility (WCF) were so bad as to violate …
Article • May 15, 2007
Damages Denied, Surgery Ordered in Prisoner Medical Claim by The U.S. Eighth Circuit Court of Appeals affirmed a Missouri District Court's denial of damages in a prisoner's 42 U.S.C. §1983 medical claim but reversed the denial of equitable relief. Van Johnson was a prisoner at the Missouri State Penitentiary (MSP). …
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 …
Article • May 15, 2007
Prisoners Have Right to Correspond and Marry by The U.S. District Court for the Western District of Missouri, in a class-action suit under 42 U.S.C. §1983, held that the Missouri Department of Corrections (DOC) policies prohibiting prisoner-to-prisoner correspondence and generally prohibiting prisoners from getting married, violated fundamental constitutional rights. The …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
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 …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Article • May 15, 2007
Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
Article • May 15, 2007
Oregon Prisons Ordered to Reduce Population to Design Capacity by An Oregon federal district court entered injunctive relief requiring prison officials at the Oregon State Penitentiary, the Farm Annex, and Oregon State Correctional Institution to bring the population at those prisons to design capacity. This class action suit alleged the …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Saginaw County Jail Practices Unconstitutional by A Michigan federal district court held that practices and procedures, affecting pre-trial detainees at the Saginaw County Jail are unconstitutional and enjoined them. This is a class action suit that did not challenge the general physical conditions, but the practices and procedures of the …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction by by Matthew T. Clarke A Kansas federal court has upheld the Kansas Department of Corrections policy limiting the number of books a prisoner may possess in his cell, but continued to enforce an injunction against prison officials destroying a …
$1,000 Awarded in Texas Prisoner's Retaliation Claim by While serving a life sentence at the Coffield Unit in Texas' prison system, Sonny Wilson filed a grievance in August 1996 against guard Patria Perez Lara. He claimed she would wake him up in the middle of the night, would refuse to …
Injunction in PA Re-Arrest Class Action Reversed by The Philadelphia DA has a practice of rearresting persons whose charges have been dismissed at a preliminary hearing without seeking a prior judicial determination of probable cause. The named plaintiff was rearrested on a new charge worded identically to the first one …
Article • May 15, 2007
Federal Court Generally Can't Enjoin State Court Proceedings by At 666: "The Younger abstention doctrine requires federal courts to abstain from enjoining ongoing state proceedings that are (1) judicial in nature, (2) implicate important state interests, and (3) offer an adequate opportunity for review of constitutional claims, (4) so long …
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