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Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Article • July 15, 2011
Filed under: Organizing, Voting
Alabama Court Bans Felon Disenfranchisement Until Legislature Defines Moral Turpitude Crimes by Alabama’s Jefferson County Circuit Court has held that Alabama’s Constitution permissibly disenfranchises felons convicted of crimes of moral turpitude, but the absence of legislation defining moral turpitude prevents any felon from being disenfranchised. Before the court was a …
Article • July 15, 2011
Gifts Not “Income” for Pennsylvania Child Support Orders by The Commonwealth Court of Pennsylvania held that the Pennsylvania Department of Corrections (DOC) applied an erroneous definition of “income,” to withdraw funds from a prisoner’s trust account. On May 26, 2005, a trial court issued an order to withhold income for …
No Immunity for Abandonment of Disabled Prisoner by The Nevada Supreme Court, sitting En Banc, held that prison officials are liable for releasing disabled prisoners into conditions where they can’t be cared for. Nevada prisoner George Butler threw rocks at other prisoners in an October 1997 quarrel over a drug …
Sundry Claims Board Only Remedy For Maryland Prisoners Injured On Paid Jobs by Matthew Clarke by Matt Clarke A Maryland court of appeals has ruled that Maryland state prisoners injured on paid jobs may only seek compensation through the Sundry Claims Board (SCB). Melvin James Dixon, a former Maryland state …
Article • July 15, 2011
Texas Prisoner’s Property Destruction Damages Properly Pleaded by Matthew Clarke By Matt Clarke A Texas court of appeals has held that a state prisoner properly pleaded damages within the minimum jurisdictional limits of the district court. Jeffery D. Westbrook, a Texas state prisoner incarcerated at the Allred Unit, filed suit …
Illinois Department of Corrections Must Pay Attorney For Indigent Committed Under Sexually Dangerous Persons Act by Matthew Clarke By Matt Clarke An Illinois court of appeals has held that the Illinois Department of Corrections (DOC) must pay the court costs and attorney fees for an indigent person committed under the …
Eleventh Circuit Holds Failure to Prove Physical Injury Accompanies Emotional Injury is Affirmative Defense by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals has held that 42 U.S.C. 1997e’s prohibition against a prisoner bringing a federal civil action for emotional injury without a prior showing of …
Article • July 15, 2011
Filed under: Sentencing, Parole
California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes by Marvin Mentor The California Court of Appeal reversed the Marin County Superior Court’s ruling that had constrained the Board of Parole Hearings (Board), when conducting lifer parole consideration hearings, to give no more …
Article • July 15, 2011
Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel by Matthew Clarke Texas Court of Appeals: No Law Library Access Right for Prisoner Who Waives Appointed Counsel By Matt Clarke On April 30, 2008, a Texas court of appeals ruled that a prisoner who …
Article • July 15, 2011
Filed under: Sentencing, Parole
Texas Prisoner Entitled to Separate Mandatory Supervision Calculation by By Matt Clarke On July 2, 2008, the Texas Court of Criminal Appeals held that a Texas prisoner who was originally had a mandatory-supervision-eligible sentence, but received two more consecutive sentences while incarcerated, had the right to have his sentences calculated …
Indiana Supreme Court Strikes Down Prisoner Frivolous Litigator Law by By John E. Dannenberg The Indiana Supreme Court held that Indiana's 2004 "Three Strikes Law," which forever barred a prisoner from filing another lawsuit if he had earlier had three prior suits dismissed as frivolous, violated the Open Courts Clause …
No Rehearing For Disciplinary Actions Vacated On Substantive Grounds by Bob Williams By Bob Williams In another unpublished decision, a unanimous Colorado Court of Appeals has held that if a prisoner's administrative disciplinary conviction is vacated on district court review, expungement and not a rehearing is mandatory if the reversal …
Treatment Required For Prisoners Committing Sex Offenses In Prison by Bob Williams By Bob Williams The Colorado Court of Appeals rejected a plea by a state prisoner to avoid Colorado's Sex Offender Treatment Program (SOTP) which the Colorado Department of Corrections (CDOC) requires based on sexually based disciplinary infractions. Timothy …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Article • July 15, 2011
Fifth Circuit: Texas Muslim Prisoners May Have Right to Wear Beards by On November 21, 2007, the Fifth Circuit court of appeals ruled that Texas state prisoners who are Muslims may have the right to wear a beard. Fredrick Gooden and Garrett Gibb, Texas state prisoners, filed suit under 42 …
Article • July 15, 2011
No Due Process Right In Avoiding Temporary Lock-Up; Unsanitary Bedding Actionable by Brandon Sample By Brandon Sample On April 10, 2008, the U.S. Court of Appeals for the Seventh Circuit affirmed in part and reversed in part the dismissal of a suit challenging a prisoner’s placement in Temporary Lock-Up (TLU) …
Article • July 15, 2011
Strip and Body Cavity Searches for Civil Contempt Arrestee Unjustified by Brandon Sample By Brandon Sample On March 28, 2008, U.S. District Judge Salvador E. Casellas denied a motion for judgment on the pleadings in a civil rights action challenging a strip and body-cavity search. Carmen Figueroa-Flores was involved in …
Article • July 15, 2011
Filed under: Sentencing, Parole
California Appellate Court Vacates Governor’s Reversal of Lifer’s Parole Grant by John Dannenberg by John E. Dannenberg The California Court of Appeal, Fourth District, vacated Governor Schwarzenegger’s reversal of a murderer’s grant of parole and reinstated parole. A majority of the court found that there was no evidence showing that …
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