Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Nevada Smoking Suit Dismissed by Placing the non-smoking plaintiff in a cell for 42 days with a heavy smoker did not violate the Eighth Amendment, since he suffered only discomfort, irritation, and coughing, and 42 days doesn't pose an unreasonable risk to future health (based on what evidence, the court …
Limitations Period Tolled During Exhaustion Process by The plaintiff alleged serious injuries as a result of an assault by another prisoner. Defendants moved to dismiss on limitations grounds. Whether the limitations period is equitably tolled during exhaustion is determined by state tolling doctrines. There's no law directly on point in …
Nevada Prisoner Awarded $18,700 For Retaliation Claim by On October 14, 2005, a federal jury in Nevada awarded $18,700 to a state prisoner who suffered a retaliatory transfer and punishment after he voiced complaints about the prison?s food and grievance procedures. According to the lawsuit, prisoner Phillip Lyons was elected …
Attorney Fees Awarded in NV Legal Access Suit by A federal district court in Nevada granted a prisoner plaintiff's motion for attorney fees of $6,838.98 after successfully forcing the Nevada State Prison to maintain certain levels of legal materials at the prison. See the underlying case at Morgan v. Nevada …
Denial of Paper Enjoined by A federal district court in Nevada issued an injunction requiring Nevada prison officials to provide adequate supplies of paper and envelopes to prisoners engaged in litigation. The court held that the right of access to the courts of necessity requires prison officials to supply prisoners …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Due Process Required for Disciplinary Segregation by A federal district court in Nevada granted partial summary judgment to a Nevada state prisoner holding that the plaintiff's right to due process was violated when he was placed in disciplinary segregation from administrative segregation without notice of the charges or a hearing …
Inspection of Outgoing Legal Mail Upheld by The court of appeals for the Ninth circuit upheld a Nevada prison practice of inspecting, but not reading, mail prisoners sent to the state attorney general's office for offensive and dangerous materials. See: Witherow v. Paff, 52 F.3d 264 (9th Cir. 1995).
Infliction of Fear with Tasers Unconstitutional by Infliction of Fear With Tasers Unconstitutional A federal district court in Nevada held that a prisoner had stated an Eighth amendment claim when he alleged that a guard had threatened to shoot him with a taser gun for no apparent reason. Guards cannot …
Race Discrimination in Hobby-craft Privileges Unconstitutional by A federal district court in Nevada held that prison officials were not entitled to summary judgment on a prisoner's claim that he was denied hobby-craft privileges because of his race. Such discrimination violates the Eighth and Fourteenth amendments. Summary judgment was denied to …
Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded by Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded The court of appeals for the Ninth circuit held that a challenge to a Nevada prison policy charging prisoners $3 each time they sought medical attention was frivolous where …
Law Library Must Provide Paper to Indigent Prisoners by Law Library Must Provide Paper To Indigent Prisoners The U.S. District Court for the District of Nevada held that a prison law library must provide paper to indigent prisoners. A Nevada state prisoner wrote a letter to the district court judge …
Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed by Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed The U.S. Ninth Circuit Court of Appeals reversed the U.S. District Court of Nevada's dismissal of a prisoner's claim that state prison officials were deliberately indifferent in exposing him …
$4,000 Injury Award for Body Cavity Search by The U.S. District Court for the District of Nevada held that anal body cavity searches conducted on two Nevada prisoners were not unconstitutional but that a subsequent cavity search of one of the prisoners was, and that the associate warden was liable …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
Nevada: Imprisonment Is Affirmative Defense To Felony Nonsupport by The Supreme Court of Nevada held that a father's imprisonment was an affirmative defense for nonpayment of child support but that a jury was justified in rejecting it. Paul Sanders was charged with failure to pay child support for a 33 …
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
$4,000 Paid for Retaliation Claim by In April 1993, a Nevada prisoner sent a letter critical of a prison official to a local newspaper. When prison officials learned of it, the warden disciplined the prisoner, subjecting him to five days of disciplinary detention and certain privileges were revoked, The prisoner's …
