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Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Filed under: Visiting
New York Incarceration Alone Not Grounds to Deny Visits with Children by The Supreme Court, Appellate Division, Fourth Department, New York, held that the Erie County Family Court, erred when it denied a prisoners petition for visitation with his children, based solely on the prisoners record of incarceration. The appellate …
Article • May 15, 2007
Filed under: Liberty Interests, Visiting
KY Prisoners Have Liberty Interest in Visitation by The U.S. Court of Appeals for the Sixth Circuit held that prisoners in the Kentucky State Reformatory had a liberty interest in visitation. Two state prisoners who had their visitation privileges with certain individuals suspended without a hearing brought suit against prison …
Article • May 15, 2007
Due Process Requires Contact Visits for Female Detainees by The New York Court of Appeals held that contact visits of reasonable duration is required by the due process clause of the State Constitution. Three female detainees filed a class action against the Monroe County Jail for prohibiting pretrial detainees contact …
Article • May 15, 2007
Filed under: Standing, Visiting
NJ Court Upholds Ion Scanning of Visitors by The New Jersey court of appeals upheld the use of the Ion Scan drug detection device which is used to search selected prison visitors with no reasonable suspicion they have engaged in any wrongdoing. The ruling is unusual because a pro se …
SAMs Valid, Requiring Defense Attorneys' Affirmation Invalid by A U.S. District Court held that Special Administrative Measures (SAMs) were valid as to the detention of a pretrial detainee, but defense attorneys need not give affirmation as to their acknowledgment of the SAMs. 28 C.F.R. §501.3(a) (Prevention of acts of violence …
Article • May 15, 2007
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit by In 2000 the New York, Court of Claims awarded $200,000 in damages to a prisoner who was assaulted by a guard at the Gowanda Correctional Facility in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin filed suit …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Article • May 15, 2007
Filed under: Visiting
Supreme Court Holds No Liberty Interest In Visitation by The U.S. Supreme Court held that Kentucky prison regulations governing visitation procedures did not create a liberty interest subject to protection under the due process clause of the Fourteenth Amendment. Two state prisoners had their visitation privileges with certain individuals suspended …
WA DOC Pays $102,000 to Wife Stabbed During Conjugal Visit by The Washington Department of Corrections settled a lawsuit filed in Thurston county superior court by Heather Hiivala alleging negligence in providing for her safety and under 42 U.S.C. § 1983. In 1995 she was engaged in a conjugal visit …
Article • May 15, 2007
$10,750 Paid In WA Visitor's Slip and Fall by Michelle Cooper was visiting her husband, David B. Cooper, at the Clallam Bay Corrections Center when she slipped and fell on an improperly maintained moist floor caused by a leaky plumbing apparatus. David and Michelle filed a negligence suit in Clallam …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Jail Staff Not Liable for Violating No Contact Order by The female plaintiff had a court order barring Smith, the father of her child, who was in the Marathon, Wisconsin, jail for trying to have her murdered, from having any contact with her. She was then brought to the jail …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Article • May 15, 2007
Denial of Visits Based on Race States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's lawsuit that he was denied visits solely because he was black. Case was vacated and remanded for further proceedings. Not a ruling …
Article • May 15, 2007
Right to Attorney Contact Visits by The court of appeals for the Ninth circuit held that Arizona prisoners and attorneys have a court access right to contact visits. Denial of contact visits inhibits effective attorney-client communication. See: Ching v. Lewis, 895 F.2d 608 (9th Cir. 1990).
Article • May 15, 2007
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
Article • May 15, 2007
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 …
Article • May 15, 2007
Filed under: Visiting
Denial of Visits Upheld by The court of appeals for the District of Columbia circuit upheld the permanent denial of visits between a DC prisoner husband and his wife after the wife was caught attempting to smuggle marijuana into prison. See: Robinson v. Palmer, 841 F.2d 1151 (DC Cir. 1988).
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