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Article • May 15, 2007
Failure to Reattach Severed Ear States Cause of Action by The Second Circuit Court of Appeals held that a doctor may be deliberately indifferent to a prisoner's serious medical needs for failing to sew the prisoner's ear back on after it was cut off. This action was filed by a …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
Article • May 15, 2007
Fifth Amendment Not Violated By New Hampshire Sex Offender Program by The First Circuit Court of Appeals concluded that the New Hampshire DOC's Sex Offender Program (SOP) does not violate the Fifth Amendment right against self-incrimination. Wayne Ainsworth, along with a group of convicted sex offenders, became willing participants in …
Article • May 15, 2007
Fifth Circuit: Federal DNA Act Constitutional by On January 6, 2004 the U.S. Fifth Circuit Court of Appeals held that the collection of DNA samples from two Texas prisoners under the federal "DNA Act" did not violate the Fourth Amendment or infringe upon their constitutional rights. Jeffrey Groceman and Bradley …
Article • May 15, 2007
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Supreme Court Holds Double Celling Not Unconstitutionally Cruel and Unusual by The U.S. Supreme Court held that the policy of "double celling" did not constitute cruel and unusual punishment. Prisoners in an Ohio state maximum security prison brought action under 42 U.S.C. § 1983 against state officials alleging that policy …
Article • May 15, 2007
Due Process Action States Claim by The U.S. Supreme Court held that a plaintiff's federal civil rights action alleging deprivation of procedural due process stemming from his admission to a Florida mental health facility on the strength of consent forms he signed while supposedly disoriented, heavily medicated and psychotic stated …
Article • May 15, 2007
Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits by Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits The U.S. Supreme Court held that an evidentiary hearing was not required to terminate Social Security worker disability benefits, and that the district court had jurisdiction to hear the …
Article • May 15, 2007
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Article • May 15, 2007
Failure to Administer Doctor's Treatment Plan States Eighth Amendment Claim by The Sixth Circuit Court of Appeals held that a nurse's failure to administer treatment ordered by a doctor states an Eighth Amendment violation that is not entitled to a qualified immunity defense. David G. Boretti, a Michigan prisoner, was …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Article • May 15, 2007
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates by The New Hampshire Supreme Court has held that the federal filed rate doctrine preempts, state causes of action for violation of the anti- monopoly statute and the Consumer Protection Act (CPA). This action was brought by friends and …
Article • May 15, 2007
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
Article • May 15, 2007
Federal Probationer Not Required To Give DNA For Prior Conviction by The U.S. Eastern District Court of California determined that taking DNA for a prior conviction violated the Fourth Amendment ban on illegal searches. Danny Miles was on federally supervised release in California for possession of a firearm by a …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Article • May 15, 2007
Parolee Negligent Supervision DUI Death Suit Settles for $6,000 by Tracy Joe Enoch-Jeune was convicted on four separate occasions of DUI or possession of drugs. Upon release from jail the final time, she was supposed to report to a probation officer within 24 hours. She never appeared and remained at …
Article • May 15, 2007
Pending Grievance Does Not Satisfy PLRA Exhaustion Requirement by The U.S. Seventh Circuit Court of Appeals, upholding a federal district court's dismissal of a jail prisoner's 42 U.S.C. §1983 suit, held that administrative remedies are not exhausted so long as a grievance is "pending." Lawrence Winder was a pretrial detainee …
Article • May 15, 2007
Pennsylvania: $5,442,000 Award For Failure To Treat Ruptured Spleen by On November 11, 1994, a jury in Philadelphia County, Pennsylvania, awarded $5,442,000 to a prisoner whose ruptured spleen went untreated. On March 4, 1987, while imprisoned at the Philadelphia House of Detention, plaintiff, 37, suffered a fall at the prison …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
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