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Article • May 15, 2007
No Right to Family Visits by The court of appeals for the Second circuit held that New York prisoners have no right to participate in a family (AKA conjugal) visiting program. Prisoners have a right to marriage but not to marital privacy. All courts to consider this issue have concluded …
Article • May 15, 2007
Filed under: Visiting
Prisoners Have No Absolute Right to Visits by The United State Court of Appeals for the Eleventh Circuit held that a convicted prisoner has no absolute right to visitation. According to the court, family visits are a privilege that is subject to the discretion of the prison authorities, so long …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
Article • May 15, 2007
Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months by Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months The Seventh Circuit Court of Appeals held prison officials were entitled to qualified immunity for delaying the plaintiff's marriage for over 12 months. This action …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Article • May 15, 2007
Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
Article • May 15, 2007
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • May 15, 2007
Filed under: Visiting
Sixth Circuit Remands Bazetta, Yet Again by In an unpublished ruling, the Sixth Circuit Court of Appeals refused to peremptorily reverse two post-judgment orders entered by a Michigan district court in a prisoner class action civil rights case challenging certain Michigan prison visitation regulations. Prison officials argued that those orders, …
Article • May 15, 2007
Muslim Head Scarf Lawsuit Dismissed After Prison Policy Change by The United States District Court for the Western District of Wisconsin dismissed a Federal civil rights lawsuit filed by Cynthia Rhouni, the ex- wife of a State prisoner who was forced to remove her head scarf (a part of her …
Article • May 15, 2007
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
Osterback v. McDonough, FL, Def's Findings of Fact, 8th Am segregation, 2007 Case 3:04-cv-00210-HLA-MCR Document 841 Filed 02/27/2007 Page 1 of 71 U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Jacksonville Division MARK OSTERBACK, et al., Plaintiffs, v. Case no. 3:04-CV-210-J-25MCR JAMES MCDONOUGH , et al., Defendants. ________________________________/ DEFENDANTS’ PROPOSED FINDINGS …
Brief • September 28, 2006
Filed under: Exercise, Visiting
McGhee v. Biamont, NM, Order Denying SJ, Denial of Exercise & Spousal Visitation, 2006 Case 6:04-cv-00239-MV-LAM Document 185 Filed 09/28/06 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO WILLIAM MCGHEE, Plaintiff, v. CIV-04-0239 MV/LAM JOE WILLIAMS, et al., Defendants. ORDER THIS MATTER …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Sanctions, Visiting
Michigan DOCs Visitation Ban for Substance Abuse Upheld by Michigan DOCs Visitation Ban for Substance Abuse Upheld The Sixth Circuit Court of Appeals has held that a Michigan federal district court erred in refusing to dissolve its injunction ordering the Michigan Department of Corrections (MDOC) visitation limitations violated the due …
Publication • 2006
Filed under: Visitor Searches, Visiting
UC Davis Law Review - Institutionalizing the Innocent Suspicionless Searches of Prison Visitors’ Vehicles and the Fourth Amendment, Molina, 2006 NOTE Institutionalizing the Innocent: Suspicionless Searches of Prison Visitors’ Vehicles and the Fourth Amendment Lara-Beye Molina∗ TABLE OF CONTENTS INTRODUCTION ................................................................................... 263 I. THE LAW: PRIVILEGING INSTITUTIONAL SECURITY OVER VISITORS’ …
Article • November 15, 2005 • from PLN November, 2005
Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …
Article • October 15, 2005 • from PLN October, 2005
California Family Visiting Appeal Denied by The California Court of Appeal affirmed the denial of a state prisoner's quest for injunctive and declaratory relief that would have invalidated the 1996 amendments to the Department of Corrections' (CDC) family [overnight] visiting rules excluding him from participation. The case had received much …
Article • October 15, 2005
California Limits Participants for Extended Family Visits by The California Supreme Court held that only family members as defined in Title 15, § 3174., California Administrative Code (CAC) are eligible for "extended family visits." A San Quentin prisoner serving a life sentence was denied "extended family visitation' with a woman …
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