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Article • December 15, 1997 • from PLN December, 1997
Supreme Court Rulings Trickle Down: RFRA by In the April, 1997, issue we reported the seventh circuit's ruling in O'Leary v. Mack, 80 F.3d 1175 (7th Cir. 1996) where the appeals court interpreted the Religious Freedom Restoration Act. The U.S. supreme court has vacated that ruling for reconsideration in light …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Counselor Liable in Failure to Protect Claim by A federal district court in Illinois held a prison counselor could be found liable for denying a prison snitch protective custody when the informant was later attacked by his many enemies. Hubert Hill is an Illinois state prisoner who has informed on …
Fear Alone Doesn't Violate Eighth Amendment: No Immunity for Retaliation by The court of appeals for the seventh circuit held that a prisoner's fear of being attacked, by itself, does not violate the eighth amendment. The court also held that prison officials who retaliate against prisoners who complain about prison …
Article • October 15, 1997 • from PLN October, 1997
No Qualified Immunity for Denial of Exercise by A federal district court in Illinois held that prison officials were not entitled to qualified immunity from money damages for denying segregation prisoners all opportunity for out of cell exercise for one year. McNeal Watts, an Illinois state prisoner, was placed in …
Article • October 15, 1997 • from PLN October, 1997
Clemency Letter Ban Questioned by The court of appeals for the seventh circuit held that an Illinois Department of Corrections (DOC) policy prohibiting employees from writing directly to the Prisoner Review Board (PRB) on behalf of prisoners seeking clemency may be unconstitutional. Larry Shimer filed a petition for clemency and …
Article • October 15, 1997 • from PLN October, 1997
Filed under: Sentencing, Habeas Corpus
Recent US Supreme Court Rulings of Interest: Habeas Corpus by The court held that the standard of review, articulated by enactment of the Anti Terrorism and Effective Death Penalty Act (AEDPA), for federal habeas corpus petitions does not apply retroactively to petitions filed on or before the AEDPA's enactment on …
Article • August 15, 1997 • from PLN August, 1997
Res Judicata No Bar to Damages in Illegal Sentence by In the May and July, 1995, issues of PLN we reported Rooding v. Peters, 876 F. Supp. 946 (ND IL 1994) in which a district court held that res judicata prevented a prisoner from filing suit in federal court for …
Failure to Treat Broken Hand States Claim by A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply …
Habeas and 1983 Remedy for Disciplinary Hearings Discussed by The court of appeals for the seventh circuit discussed the application of habeas corpus and section 1983 challenges to prison disciplinary hearings. This is an extremely convoluted and confusing ruling, which the court acknowledged at the outset by noting that the …
Article • July 15, 1997 • from PLN July, 1997
Puerto Rican POW 'Graduated' from ADX Florence to USP Marion by Daniel Burton-Rose On November 8, 1996, Puerto Rican prisoner of war Oscar Lopez Rivera was transferred from ADX Florence to USP Marion after completing the 36-month "step program" at ADX in just 23 months. He received no disciplinary infractions …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Illinois Jail Conditions Suit States Claim by The court of appeals for the seventh circuit held a district court erred in dismissing a pretrial detainee's conditions of confinement suit for failure to state a claim under Fed.R.Civ.P. 12(b)(6). The court also held it was error to dismiss defendants not properly …
Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict of $10,000 in favor of a prisoner whose cell was opened by a guard in order for him to be attacked by other prisoners. Edward Paulick, an Illinois state prisoner, was …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
$75,000 Jury Verdict in Prisoner Attack Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict awarding a prisoner $75,000 in compensatory damages and $55,262.42 in attorney fees after the prisoner was threatened then beaten by other prisoners. Gregory Pope, an Illinois state prisoner, was threatened …
Illinois DOC Phone System Upheld by A federal district court in Illinois held that the phone system used in the Illinois DOC does not violate the first amendment. Four Illinois state prisoners at the Western Illinois Correctional Center (WICC) filed suit against several prison officials and AT&T claiming the prison …
$1.65 Million Jury Verdict in Cell Assignment Case Affirmed by The court of appeals for the seventh circuit affirmed a jury verdict against prison official defendants finding that they were deliberately indifferent to a prisoner's safety by leaving him in a cell with a mentally ill prisoner who later tried …
Article • May 15, 1997 • from PLN May, 1997
PLRA Allows Sua Sponte Dismissal by A federal district court in Illinois held that the Prison Litigation Reform Act (PLRA) allows courts to assess filing fees and then dismiss prisoner petitions prior to service on the defendants if they fail to state a claim. Deangelo Jones is an Illinois state …
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