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Diabetic ND Prisoner's Forced Medical Treatment Upheld by North Dakota State Penitentiary prisoner August T. Vogel, who is serving a 90-year sentence for first degree murder, refused medical monitoring and treatment for his diabetes after he was removed from work release, lost his job and was denied a parole board …
Article • May 15, 2007
Dismissal of Federal Habeas Claim Over Living Conditions Reversed by The U.S. Supreme Court reversed and remanded the dismissal of prisoners' habeas corpus action challenging their living conditions. Missouri state prisoners confined in maximum security brought state habeas corpus action challenging living conditions but did not seek release. The action …
Article • May 15, 2007
Dismissal Reversed Where Record Unclear on Administrative Remedy Exhaustion by The U.S. Seventh Circuit Court of Appeals vacated the dismissal of a prisoner's civil rights suit by the U.S. District Court for the Western District of Wisconsin where the record was unclear regarding exhaustion of administrative remedies. John M. Howe, …
Article • May 15, 2007
District Court Denies Physician's Assistant's Motion to Dismiss by The U.S. District Court for the District of Maine denied a motion to dismiss filed by a jail's physician's assistant in a claim of deliberate indifference to a serious medical need. In September 2001, Robert Dellairo was seen by an emergency …
Article • May 15, 2007
Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge by Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge On May 7, 2004 the U.S. Fifth Circuit Court of Appeals held that religious accommodations provided by the Texas Department of Criminal Justice (TDCJ) were constitutional and that the …
Article • May 15, 2007
Federal Officials Subject to Suit for Damages by In this landmark ruling the U.S. Supreme Court held that damages can be recovered from a complaint that states a federal cause of action under the Fourth Amendment if injury can be proven. This was the first time the Supreme Court upheld …
Article • May 15, 2007
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Article • May 15, 2007
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Backsliding Not Proof of Religious Insincerity by The U.S. Court of Appeals for the Seventh Circuit vacated and remanded a district court decision dismissing a prisoner's free exercise of religion and equal protection claims. Plaintiff, an Illinois state prisoner who professed to be Rastafarian, brought a federal civil rights lawsuit …
Bivens Action Legitimate For Deceased Prisoner's Mother To Pursue Damages by The U.S. Supreme Court held that a Bivens remedy was available to the mother of a prisoner who died while in custody and that the remedy was governed by federal law. Respondent, mother of a prisoner who died while …
Article • May 15, 2007
Body Cavity Searches Reasonable and Unreasonable by The 5th Circuit Court of Appeals has held that prisoners retain some degree of Fourth Amendment rights and that the government must justify the reasonableness, and in some cases give notice, before conducting body cavity searches on prisoners. Body cavity searches were performed …
Article • May 15, 2007
Filed under: Sentencing, Good Time
CA Detainees Not Entitled to One-for-One Credits by California's Fifth District Court of Appeals held a pre trial detainee, who is later convicted and sentenced to prison, is not entitled to good time credits under Penal Code section 2933, which grants one-for-one good time credits to prisoners engaged in a …
California Granted Immunity in Parolee Wrongful Death Suit by George Martinez filed a lawsuit in the Superior Court of San Diego County against the Department of Corrections (DOC) and the State of California (defendants) for the wrongful death of his daughter, Mary Ellen Martinez, who was kidnapped and murdered by …
Article • May 15, 2007
CA Guard Granted Qualified Immunity for Shooting Prisoner in Yard Fight by The Ninth Circuit Court of Appeals held a guard who shot a prisoner during a disturbance on the prison yard is entitled to qualified immunity. While at the California State Prison in Sacramento, the prisoner was standing three …
Article • May 15, 2007
Eighth Amendment Conditions of Confinement Claim Must Show Deliberate Indifference by The U.S. Court of Appeals for the Seventh Circuit held that a new trial was not warranted in a prisoner's §1983 action because he failed to show deliberate indifference by prison officials in his Eighth Amendment claim, and that …
Article • May 15, 2007
Eighth Circuit: Certain Prisoners Not Entitled to Religious Meals by On March 30, 2004 the U.S. Eighth Circuit Court of Appeals reversed a district court's order requiring Iowa prison officials to deliver special food trays to segregated members of the Church of the New Song (CONS). The Eighth Circuit affirmed …
Article • May 15, 2007
Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist by Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist The Ninth Circuit Court of Appeals determined that a prisoner under the one-year time limitation of the Antiterrorism and Effective Death Penalty Act (AEDPA) was granted equitable tolling based on extraordinary …
Article • May 15, 2007
Filed under: Crime/Demographics, Escapes
Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders by Escape Statute Encompasses Man's Departure From Courtroom Over Judge's Orders The Court of Appeals of Kansas held that a man who left the courtroom after a judge informed him he was in custody was in violation of the state's …
Article • May 15, 2007
Executing Prisoner Who Regained Competency Does Not Violate His Rights by The Eighth Circuit Court of Appeals concluded that a state does not violate the Eighth or Fourteenth Amendments by executing a prisoner who regains competency through forced medication. Charles Singleton was convicted of capital murder and aggravated robbery in …
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