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Article • May 15, 2008
Voluntarily Ceasing Challenged Activity Doesn't Moot Case by Voluntary cessation of illegal activity does not moot a case. At 202: A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation …
City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People by City and Contractor Liable for Policy of Arresting and Seizing "Potentially Intoxicated" People The plaintiffs were seized by the police and detained in a private detoxification facility in a different town, sometimes for days; they include …
Article • May 15, 2008
Judicial Review Available for Denial of International Transfer by The plaintiff complained that he was denied a transfer to a Canadian prison under the Convention on the Transfer of Sentenced Persons based on his race or nationality or on his exercise of protected rights. The government argued that there is …
Ventura County Jail Restraint Chair Use Enjoined; Class Certified by The plaintiffs complained of abuse of restraint chairs, e.g., being strapped into them for asking questions and not being let out to go to the bathroom. The plaintiffs had standing to seek an injunction concerning the use of restraint chairs …
Article • May 15, 2008
Pro Se Criminal Defendant Not Entitled to Law Library Access Above General Population by The plaintiff represented himself in his criminal trial. He had standby counsel advising him. Now he complains that he was not provided adequate legal resources to prepare his defense. The record shows he had access to …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • May 15, 2008
Okay to Open Mail Sent by Attorney General by The plaintiff alleged that defendants opened a piece of mail from the state Attorney General's office in his absence. He has no standing to raise a court access claim absent a showing of prejudice. However, the court construes his complaint as …
Time Limits in PLRA Modification Motions Applied by A maximum population limit is a prisoner release order However, a request to modify a pre-PLRA order may not be based on the prisoner release provision because the statute says "no court shall enter " (836) The court enjoined the automatic stay …
Article • May 15, 2008
HIV Status Allows Plaintiff to Proceed Anonymously by The plaintiff was arrested, told the police he was HIV positive, and they put a pink sign saying HIV POSITIVE INMATE on his cell door in the police lockup (this in 1997!). The fact that a case involves a medical issue or …
Article • May 15, 2008
Taking DNA Samples from CT Sex Offenders Upheld by Plaintiffs challenged a Connecticut statute that required all convicted sex offenders incarcerated on its effective date to submit blood samples for analysis and inclusion in a DNA bank. Taking a blood sample is a search under the Fourth Amendment. However, in …
Article • May 15, 2008
Supreme Court Discusses Right to Travel by The right to travel has been upheld in several Supreme Court decisions, but its source has not been identified. Non-residents' right to equal treatment is protected by the Privileges and Immunities Clause of Article IV absent a "substantial reason" to treat them differently. …
Article • May 15, 2008
District Courts Can Suspend PLRA Injunction Stay Provisions by This appeal from the district court's decision striking down the automatic stay provision is not mooted by the court's having reached the merits of the termination motion, since the problem is one that is capable of repetition yet evading review It …
Article • May 15, 2008
BOP Early Release Suit Subject to PLRA by The Bureau of Prisons' determination that petitioner is ineligible for early release is something that happened at the prison rather than a continuation of the criminal case, so the PLRA applies, rather than habeas rules. The petitioner filed a notice of appeal. …
Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Article • May 15, 2008
Texas Clemency Procedures Constitutional by The Texas clemency procedures did not deny due process. Only minimal procedural safeguards apply. Prisoners can submit whatever information they want and the Board members review whatever they think is material to the request. That is enough. See: Faulder v. Texas Bd. of Pardons & …
Article • May 15, 2008
Filed under: Work, Prison Labor
Okay to Force Pre Trial Detainee to Work in Jail for Extra Food by The plaintiff said he was forced to serve without payment as a "food cart worker" under threat of discipline. The court denies summary judgment to defendants on the plaintiff's claim of an official policy of making …
Article • May 15, 2008
Preliminary Injunctions/TROs Require Posting of Bond by The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374: . . . [C]ourts have held that security is not required in the …
Article • May 15, 2008
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Article • May 15, 2008
Sender’s Right to Privacy in Mail Ends at Delivery by Sender's Right to Privacy in Mail Ends at Delivery Letters are generally protected by an expectation of privacy, but the sender's expectation ordinarily terminates upon delivery. At 1228: "Because Defendant sent the letters to an inmate at a correctional facility, …
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