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Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Summary Judgment Reversed on Denial of Prisoner Atheist Group by Bob Williams By Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed a summary judgment against a Wisconsin state prisoner whose request to form a prisoner atheist group was denied by the Wisconsin Department of …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can't attend such negotiations, the Department agreed to allow …
Article • December 15, 2007
Ohio Probation Violator Entitled to Credit for Time Served in Halfway House by The Ohio Court of Appeals held that after a convicted prison guard violated his probation, he was nonetheless entitled to credit for time served earlier in a halfway house, since it amounted to "confinement." Guard Richard Holda …
Article • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Article • December 15, 2007
West Virginia Supreme Court Rules on Litigious Prisoners by John Dannenberg by John E. Dannenberg The West Virginia Supreme Court of Appeals reacted to what the Randolph County court perceived to be overly aggressive pro per habeas litigation by two state prisoners. At issue ultimately was the tension between the …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
Article • December 15, 2007
Filed under: Sentencing, Parole
Ohio Prisoner’s Entitled to Notice of Post-Release Control at Sentencing by Ohio Prisoner's Entitled to Notice of Post-Release Control at Sentencing The Ohio Supreme Court has held that the Ohio Adult Parole Authority (APA) has no authority to place a prisoner on post-release control when the sentencing court failed to …
Article • December 15, 2007
Ohio Attorney Suspended from Law Practice for Two Years after Misconduct by The Columbus Bar Association charged Attorney Derek Farmer with violating the Code of Professional Responsibility in 2004 for misconduct. The Supreme Court of Ohio's Board of Commissioners on Grievances and Discipline appointed an investigative panel and the court …
Article • December 15, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • December 15, 2007
Texas Prison Guard’s Convictions Upheld Again by Texas Prison Guard's Convictions Upheld Again The Texas Court of Criminal Appeals (CCA) upheld the conviction and sentence of a Texas prison guard for sexual assault and impersonating a police officer. This was the second time the CCA reviewed this case. In 1997, …
Article • December 15, 2007
Fifth Circuit: No FLSA Minimum Wage for Texas Prisoners by The Fifth Circuit Court of Appeals held that the Fair Labor Standards Act (FLSA) did not apply to Texas prisoners working in Texas state prisons. Douglas Loving, a Texas state prisoner, filed a civil rights suit under 42 U.S.C. § …
Tenth Circuit OKs First Raising Qualified Immunity on SJ by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings, and the district court erred in failing to address the defense in the summary judgment …
Article • December 15, 2007
Filed under: Discrimination, Gay/Lesbian
Gay Pennsylvania Jail Prisoner’s Discrimination Suit Settled for $750 by Gay Pennsylvania Jail Prisoner's Discrimination Suit Settled for $750 A Pennsylvania prisoner was paid $750 to settle a discrimination suit. Mr. Roache, a prisoner at the Delaware County prison, was denied a job and was harassed by guards because he …
California Prison Chaplain’s Sexual Harassment of Female Employee Yields $439,000 Jury Verdict by California Prison Chaplain's Sexual Harassment of Female Employee Yields $439,000 Jury Verdict A California prison employee who was sexually harassed by a Muslim chaplain was awarded $439,000. Sallie Mae Bradley was a temporary social worker at Corcoran …
Article • December 15, 2007
New York Prisoner Awarded $100,000 for Delayed Surgeries From Work Place Fall by A New York prisoner who was denied medical care for five months was awarded $100,000. On May 25, 1989, New York prisoner Thomas Lenahan fell from a two-story roof in a work accident. He was treated for …
Article • December 15, 2007
Wisconsin Jail Heart Attack Case Settled for $25,000 by Waukesha County, Wisconsin, paid a prisoner $25,000 to settle claims related to a heart attack he suffered while imprisoned. Mr. Blavat was denied his prescribed heart medication while confined in Waukesha County Jail, causing him to suffer a heart attack. Blavat …
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