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Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed by Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed Colorado state prisoner David K. Jenner, and several other prisoners, filed a federal complaint pursuant to 42 U.S.C. §§ 1983 and 1985 alleging …
Article • May 15, 2007
California Settles Inadequate Psychiatric, Medical Care Suit for $1.5 Million by On May 16, 1996, the State of California agreed to settle for $1.5 million a lawsuit arising from the attempted suicide of a 21-year-old prisoner who was left permanently disabled. Though the plaintiff was known to be suicidal, prison …
No Heightened Pleading Standard for 1983 Actions by The U.S. Court of Appeals for the Third Circuit has reinstated a pro se prisoner's action challenging his involuntary commitment to a psychiatric hospital under 42 U.S.C. 1983. A lower court had dismissed the case for failure to state an actionable cause. …
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator …
Texas Suicide Suit Alleging Medical Malpractice Settles For $288,130 by On June 23, 1993, a lawsuit arising from the suicide death of a prisoner in the Jefferson County (Texas) Detention Center settled for $288,130. The suit had alleged that STAT Care, the jail's contract medical provider, failed to properly screen …
Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …
Kansas SVP Verdict Dismissed for Untimely Trial by The Kansas Supreme Court held that failure to try a person alleged to be a sexually violent predator ("SVP") within the statutorily prescribed time period divests the trial court of jurisdiction over the SVP petition, requiring dismissal with prejudice. In April 2000, …
Reduced Likelihood of Parole Does Not constitute a Penalty by The First Circuit Court of Appeals determined that refusal to participate in sex treatment program merits reduced likelihood of parole and did not constitute as a penalty. Wayne Ainsworth a convicted New Hampshire prisoner, sex offender who had been admitted …
Parolee Sex Offender Classification Without Conviction Requires Heightened Procedural Safeguards by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that sex offender classification requires more due process for parolees than for incarcerated prisoners, but failed to delineate what process is due. In 1987, …
Article • May 15, 2007
Psychological Coercion Not Legal Component Of Involuntary Servitude by The U.S. Supreme Court held that the use of psychological pressure did not violate U.S. statutes prohibiting involuntary servitude. After two mentally retarded individuals were found laboring on a farm for up to 17 hours a day with no pay due …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Article • May 15, 2007
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John Dannenberg California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment …
Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
Article • May 15, 2007
Federal Prisoner's Estate Awarded $78,000 for Suicide by In July 1998, a federal court awarded $78,000 to the estate of a prisoner who committed suicide at a federal prison in Missouri. The estate claimed in the lawsuit that prison medical personnel failed to provide medication for the decedent's known depression. …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed by Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed James Poole, a Minnesota state prisoner, was civilly committed for an indefinite period of time under that state's sexual predator laws. He was not allowed …
Article • May 15, 2007
NY Jail Must Release Suicide Reports by The New York Supreme Court ordered the director of the Suffolk Count Jail to release reports concerning a prisoner suicide to the New York State Commission of Correction, (Commission). On November 7, 2003, a prisoner at the Suffolk County Jail was found hanging …
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