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Article • May 15, 2007
Ohio Supreme Court Finds Sex Offender Labeling Without Hearing Constitutional by The Ohio Supreme Court has held that labeling a sex offender as a "sexually oriented offender" without a hearing does not violate the Confrontation Clauses or Due Process Clauses of the United States or Ohio Constitutions. In 1997, Ohio's …
Texas District Court Awards $174,020 in Attorney Fees in Prisoner Beating Case by The U.S. District Court for the Southern District of Texas, Houston Division, awarded $174,020.83 in attorney fees and costs to counsel for a jail prisoner beaten by other prisoners due to incitement by a jail guard. On …
Article • May 15, 2007
Attorney Fees Awarded Despite Lack of Damages in Minnesota Jail Strip Search Suit by The U.S. District Court for the District of Minnesota awarded attorney fees to a jail detainee even though a jury found the plaintiff had sustained no damages. Robert Swart was arrested by the Scott County [Minnesota] …
Motion to Quash Subpeona of DNA Sample Denied by Motion to Quash Subpoena of DNA Sample Denied A South Carolina U.S. District Court has ordered a female prison guard to produce a DNA sample for a grand jury. Shaddie Clark Shabazz is a female guard at a South Carolina federal …
Article • May 15, 2007
No Punishment for Possessing Inflammatory Papers, $1,000 Jury Award Upheld by The U.S. Court of Appeals for the Second Circuit held that a prisoner cannot be punished for simply possessing "revolutionary" material, supervisors were liable for constitutional violations surrounding prisoner's placement in segregation, and a jury award of $1,000 was …
Indiana Prison Overcrowded with Inadequate Medical Care by The United States Court of Appeals for the Seventh Circuit held that the Indiana State Prison at Michigan City was overcrowded, and that the medical care available at the prison was constitutionally inadequate. The judgment of the trial court was affirmed in …
Article • May 15, 2007
Magistrate Judge Can Investigate Frivolity of Complaint by The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the …
Article • May 15, 2007
Prisoners Not Entitled to Minimum Wages by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner, who was forced by state prison authorities to perform menial jobs within the prison, was not entitled to minimum "ages under the Fair Labor Standards Act (FLSA). The order dismissing …
Qualified Immunity Ends Lawsuit by Juvenile Raped by Staff by The U.S. Court of Appeals for the Eleventh Circuit held that various supervisors were not deliberately indifferent to the medical needs of an incarcerated juvenile, and they were thus entitled to qualified immunity from suit. The court further held that …
Article • May 15, 2007
Pennsylvania Prisoner Has Right to Diversity Jurisdiction to Ensure Access to Courts by The US Court of Appeals for the Sixth Circuit held that the US District Court for the Southern District of Ohio, erred when it dismissed a prisoners suit for lack of jurisdiction. A prisoner serving a life …
Washington Prisoner Has Right to Due Process at Disciplinary Hearing by In an unpublished decision, the Washington Court of Appeals, Division One, held that pro se prisoner, Eric Felton, was denied his due process rights at a prison disciplinary hearing. In 1998, Felton was charged with arranging the assault of …
Article • May 15, 2007
Oklahoma Prisoner Has Right to File Civil Complaint to Enforce Property Rights by The Court of Civil Appeals of Oklahoma, Division 3, held that the Ottowa County District Court erred when it dismissed a prisoner's complaint citing a statute that suspends prisoners' civil rights. A prisoner serving a life sentence …
Article • May 15, 2007
Washington DOC Pays $52,000 in Bookshelf Injury Resulting in Blindness by In 1987, Charles W. Dickerson, a prisoner then confined at the Oregon State Penitentiary in Salem, Oregon was severely attacked and assaulted by another prisoner. As a result of the incident, Dickerson lost his left eye and his right …
Article • May 15, 2007
Washington DOC Pays $78,150 in Bus Slip and Fall by On October 23, 1992 Cheryl Turner Jennings, a free citizen of the State of Washington visiting a prisoner, fractured her left ankle while attempting to exit a bus owned by the State of Washington and the Department of Corrections. Jennings, …
Washington DOC Pays $1,700 in Faulty Kettle Claim by On December 6th, 1989 Alvin Lee Prater, then a prisoner confined at McNeil Island Corrections Center in Steilacoom, Washington, suffered a fall that injured both his right knee and lower back. Prater was working in the institution's kitchen when he was …
Article • May 15, 2007
Washington DOC Pays $5,500 for Faulty Stairs by On December 1st, 1999 Edward Tuinman, a prisoner confined at the Washington State Reformatory in Monroe, Washington, fell half way through a faulty set of stairs leading to the prison hospital. Tuinman was on his way to the medical floor when his …
Article • May 15, 2007
Washington DOC Pays $4,000 in Parking Lot Slip and Fall by In 1994 Robert A. Hamack tripped fell in the parking lot of Washington State Reformatory in Monroe, Washington. Hamack and his wife were on their way to visit a prisoner when Hamack, after dropping his wife off at the …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
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