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Article • August 15, 2013
Eighth Circuit Affirms Denial of Qualified Immunity by The Eighth Circuit Court of Appeals upheld the denial of qualified immunity to two guards on failure-to-protect claims. Minnesota prisoner Kenneth Young was assigned to Edward Whitefeather’s cell. Almost immediately, Whitefeather threatened Young, telling him that “he would do whatever he wanted …
Article • August 15, 2013
Filed under: Medical, Drug Overdose
Eighth Circuit Seeks Clarification from Arkansas Supreme Court; Arkansas’ “Conscious Indifference” Equals Federal “Deliberate Indifference”? by The Eighth Circuit Court of Appeals asked the Arkansas Supreme Court to clarify if the State’s conscious indifference standard affords pretrial detainees greater protection than the federal deliberate indifference standard. The Court also affirmed …
Article • August 15, 2013
Ensign Amendment Upheld; BOP’s Failure to Retain Rejected Publications During Period of Administrative Review Violates Due Process by On July 11, 2008, U.S. District Judge Edward Nottingham rejected a challenge to a ban on federal prisoners receiving information that features nudity or is sexually explicit. The Court found merit, however, …
Article • August 15, 2013
Excessive Gas May Substantially Burden Religion Under RLUIPA by The Ninth Circuit Court of Appeals vacated summary judgment on an Arizona prisoner’s religious diet claims because the lower court made inadequate findings. The Court also rejected Defendants’ contention “that excessive gas simply does not constitute a substantial burden” under the …
Colorado DOC Investigates Multiple Murders of Prisoners at Sterling by Matthew Clarke by Matt Clarke The Colorado Department of Corrections (DOC) is investigating the killing of four prisoners at the Sterling Correctional Facility within the past two years. This high rate of prisoner murders compares with only three killings of …
Article • August 15, 2013
Justice Department Releases Report on Justice Expenditures and Employment by Matthew Clarke by Matt Clarke In December 2011, the Bureau of Justice Statistics of the U.S. Department of Justice released a report on employment and expenditures by federal, state and local governments for police, jails, prisons, courts and lawyers. The …
Article • August 15, 2013
Filed under: Searches, Drug Testing
Federal Rehabilitation Act Provides No Cause of Action Against Federal Government When Acting in Regulatory Capacity by Joseph Kinneary was the captain of a municipal tanker for the New York City Dept. of Environmental Protection. Kinneary didn’t provide a urine sample for drug testing as required by federal regulations, claiming …
Fifth Circuit Says Private Prisons Liable Under Section 1983 by The Fifth Circuit Court of Appeals held that private prison-management corporations and their employees may be sued under 42 U.S.C. § 1983. “Billy Rosborough is a prisoner of the Bradford State Jail, a Texas prison owned and operated by…Management and …
PA Prison Might Unconstitutionally Restrict Prisoners’ Court Access by William Bryan, a Pennsylvania state prisoner, sued prison officials in federal district court under 42 U.S.C. 1983, claiming that they denied him adequate access to the courts. Legal business was conducted through a prisoner-staffed law clinic which was not allowed to …
Article • August 15, 2013
Pennsylvania Attorney’s Disciplinary Matter Exempt from Disclosure by Herbert Somerson, a Pennsylvania lawyer, filed a malpractice action against Alvin Bonders and Johnny Taxicab Co. in the Philadelphia County Court of Common Pleas. Somerson had previously negotiated a disciplinary settlement agreement concerning his practice before the Pennsylvania Public Utility Commission (Commission). …
Article • August 15, 2013
Pennsylvania “Gunslinger” Guard Breaks Hand on Prisoner’s Face; Prison Officials Offer $5,000 Hush Money by A Lancaster, Pennsylvania, prison guard broke his hand beating a prisoner who was shackled to a hospital bed, according to criminal and civil complaints. Prison officials offered the prisoner $5,000 in hush money afterwards. Vance …
Article • August 15, 2013
PLRA Administrative Exhaustion an Affirmative Defense by The U.S. Court of Appeals for the Fourth Circuit (4th Circuit) has reversed a District Court dismissal of a prisoner civil rights action for not showing that available administrative remedies were exhausted before suit was filed. In 1999, Rodney Anderson began serving time …
Premature Appeal Not Frivolous Under PLRA by The Second Circuit Court of Appeals has held the Prison Litigation Reform Act’s (PLRA’s) “three strikes” provision does not encompass a dismissal for filing a premature notice of appeal. New York prisoner Injah E. Tafari brought a civil rights action in September 2000, …
Article • August 15, 2013
Prison Officials Not Liable for Injuries to Officer Incurred While Responding to Orchestrated Gang Fight by The California Court of Appeal held in 2007 that prison officials could not be held liable for injuries sustained by a corrections officer who was responding to a fight between rival gangs, even if …
Prisoner Denied Pornography in a Wisconsin Prison by A Wisconsin appellate court held that a prisoner’s lawsuit against guards for denying him pornography was properly dismissed. The Court of Appeals, District IV, affirmed the dismissal of a lawsuit filed by Green Bay Correctional Institution prisoner Charles Downing on January 3, …
Article • August 15, 2013
Prisoners Pay the Price of Food Cost Increases by Before one goes to jail or prison, what one eats is usually taken for granted. After one finds oneself imprisoned, what is presented to eat becomes a huge issue. With the trend towards privatization of prison services and economic pressures upon …
Article • August 15, 2013
Records Requested from Washington DOC Under Public Records Act May Be Rejected as Contraband by The Washington Department of Corrections (DOC) may reject as contraband records requested from the DOC under the Washington Public Records Act, the Washington Supreme Court held, July 3, 2008. Michael Livingston, a Washington prisoner, filed …
Article • August 15, 2013
Rooker-Feldman Doctrine Bars Review of State Court Order by District Courts by The Sixth Circuit Court of Appeals affirmed a Michigan federal district court’s order that dismissed an action challenging state court orders that allowed confiscation of a prisoner’s pension benefits for incarceration costs. Three Michigan prisoners filed this putative …
Article • August 15, 2013
Serial Killer Pleads Guilty to Cellmate Murder; County Pays Victim’s Family $120,000 by On November 16, 2006, 24-year-old Thomas Gordon pleaded guilty to the 2001 murder of his mother’s boyfriend and the 2005 beating death of his cellmate. As we’ve previously reported (PLN, Dec. 2006, pp.8-9), in 2001, Gordon killed …
Seventh Circuit Reverses Dismissal of Wisconsin Retaliation Suit by The Seventh Circuit Court of Appeals has held that a Wisconsin federal district court improperly dismissed a prisoner’s civil rights claim of retaliation for filing grievances because a prison disciplinary board found the prisoner was lying when filing his grievances. Wisconsin …
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