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Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Article • January 15, 2008 • from PLN January, 2008
$25,000 Settlement in Miami False Arrest, Strip Search Suit by While driving in Florida?s Miami-Dade County, a 32-year-old female was pulled over for allegedly following another car too closely. The Miami-Dade County police officer arrested her for an outstanding warrant for driving with an invalid driver?s license. She was arrested …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Civil Procedure, Complaints
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court?s sua sponte dismissal of a prisoner?s access-to-courts lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal …
Article • January 15, 2008 • from PLN January, 2008
Fourth Circuit Finds Virginia Prisoner’s Religious Exercise Claim Meritorious by Michael Rigby Fourth Circuit Finds Virginia Prisoner's Religious Exercise Claim Meritorious by Michael Rigby The U.S. Fourth Circuit Court of Appeals vacated and remanded a district court?s grant of summary judgment to prison officials who had denied a Virginia prisoner …
Article • January 15, 2008 • from PLN January, 2008
Michigan Anti-Civil Rights Amendment Declared Unconstitutional by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan declared unconstitutional a March 2000 amendment to Michigan?s Elliot-Larson Civil Rights Act (ELCRA), which had stripped prisoners from protection against discrimination. This important ruling, which is being …
Article • January 15, 2008 • from PLN January, 2008
California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed by California: 1st Degree Occupied Burglary Doesn't Bar Working in Licensed Community Care Facilities Convicted felons suffer many civil disabilities, even after discharge from custody and post-release supervision. In California, a person whose criminal past includes a "crime against a …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
Article • January 15, 2008 • from PLN January, 2008
Filed under: News, News in Brief
News in Brief: by Argentina: On November 5, 2007, 29 prisoners died in a fire at the maximum security prison in Santiago del Estero. The fire was set to distract guards from an escape attempt and quickly spread. Most of the victims died of smoke inhalation. No escapes occurred. Riot …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Wrongful Death Suit Against LA County Jail Settles For $750,000 by The surviving family of an untreated and mistreated mentally unstable diabetic prisoner who died at the Los Angeles, California (LA) County Jail settled their wrongful death lawsuit against the county and LA Sheriff?s officials for $750,000 in May 2007. …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
California Jail Settles Gender-Identity-Disorder Discrimination Suit by John Dannenberg by John F. Dannenberg Orange County and its Sheriff, Michael Carona, settled a discrimination suit brought by a prisoner whom they denied treatment for Gender Identity Disorder (GID). They now provide such individuals specialized medical treatment for their disorders, educate Sheriff's …
Article • January 15, 2008 • from PLN January, 2008
BOP Byline Prohibition Unconstitutional by David Reutter by David M. Reutter A Colorado federal district court has held the Bureau of Prisons (BOP) regulation that provides a prisoner may not "publish under a byline" violates the First Amendment. The Court's order prohibits the BOP from punishing any prisoner for violating …
Article • January 15, 2008 • from PLN January, 2008
$35,000 Jury Award in Massachusetts Prisoner’s Assault by Guards by $35,000 Jury Award in Massachusetts Prisoner's Assault by Guards A jury awarded a prisoner at the Massachusetts Correctional Facility at Walpole $35,000 for guards' negligence for failing to intercede to stop an excessive use of force. After one guard began …
Washington Pays $665,000 to Prisoner Injured In Racially Motivated Attack by On May 30, 2007, the State of Washington agreed to pay $635,000 to a black prisoner who was injured in an attack by white prisoners. The white prisoners were members of a ?Security Threat Group?. The plaintiff was also …
Article • January 15, 2008 • from PLN January, 2008
Connecticut Prisons Begin 10% Deductions of Prisoner Monies by The Connecticut Department of Corrections (CDOC) has put into effect a new state law that creates savings accounts for prisoners. The new law, which took effect July 1, 2007, allows CDOC to automatically deduct 10 percent of any funds that are …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Medical, Medication
Vermont DOC: Nations Biggest Prison Dispenser of Psychotropic Medication by Vermont DOC: Nations Biggest Prison Dispenser of Psychotropic Medication It is not questioned by those familiar with the population of America's prisoner system that prisons have become the main provider of mental health services since the nation dismantled its psychiatric …
Article • January 15, 2008 • from PLN January, 2008
United States Sentencing Commission Approves Crack Reform For Federal Prisoners by On December 11, 2007, the day after the Supreme Court affirmed a judge?s decision to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, the United States Sentencing Commission voted to make retroactive …
Article • January 15, 2008 • from PLN January, 2008
Alabama Corrections Commissioner’s Contempt Order Upheld by Alabama Corrections Commissioner's Contempt Order Upheld Alabama's Supreme Court has affirmed a Montgomery County Circuit Court's order holding Alabama Department of Corrections (ADOC) Commissioner Richard Allen in contempt, with the threat of jail time. The order stemmed from a lawsuit filed by counties …
Article • January 15, 2008 • from PLN January, 2008
California Prison Guards Lose Unlimited “Time Bank” For On-The Job Union Business by Marvin Mentor California Prison Guards Lose Unlimited "Time Bank" For On-The Job Union Business by Marvin Mentor The California Correctional Peace Officers Association (CCPOA) lost its bid to undo a cap on its contract provision permitting rank-and-file …
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