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Article • May 15, 2007
Florida Felon Disenfranchisement Found Constitutional by The United States District Court for the Southern District of Florida has ruled that a 135-year old state law that bans ex-felons from voting is not unconstitutional. Thomas Johnson, a former prisoner from New York now residing in Florida, filed a class action lawsuit …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
Article • May 15, 2007
NY DOC Beard Ban Upheld by The U.S. Court of Appeals for the Second Circuit upheld a New York Department of Corrections (DOC) rule banning beards longer than one inch. Yevgen Fromer, an Orthodox Jewish prisoner, brought a civil rights action alleging that the DOC's policy prohibiting beards in excess …
Article • May 15, 2007
Filed under: Visiting
Ohio State Prisoner Denied Visit with Ex-Guard by The Supreme Court of Ohio held that denial of unfettered visitation between a prisoner and a former prison guard was not unconstitutional, since visitation is not constitutionally guaranteed. Based on the former employee's training in security procedures, knowledge of facility operations and …
Article • May 15, 2007
Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody by Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody The U.S. Court of Appeals for the Seventh Circuit held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought …
Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity by Private Prison Corporation Not Entitled to 11th Amendment or Sovereign Immunity The U.S. Northern District Court of Texas determined that a private operator of a state prison was not entitled to 11th Amendment and sovereign immunity. Cynthia Proctor, …
Public Employee Granted Access to Information in Personnel File by In a §1983 action, an Oregon DOC guard brought suit alleging racial discrimination. A federal district court in Oregon held that a guard is entitled to information contained in his personnel file to pursue a discrimination suit against his employer. …
Article • May 15, 2007
Restraint Chair Use Enjoined, Class Certified, $925,000 Settlement by The U.S. District Court for the District of California issued a preliminary injunction prohibiting use of the "Pro-straint" restraining chair and certified as a class all persons incarcerated during the lawsuit who were "subject to being restrained in the Pro-straint chair …
Article • May 15, 2007
Restrictive Policies Violate Rights of Protective Custody Prisoners by The U.S. District Court, N.D. Illinois, held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought a § 1983 action against prison officials alleging violations of their rights to free exercise …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Article • May 15, 2007
Retroactive Application of Rule Taking Street Time Valid by The District of Columbia Court of Appeals held that neither the ex post facto clause nor the due process clause of the Constitution was violated by retroactive application of a prior D.C. Court of Appeals ruling holding that "street time" should …
Article • May 15, 2007
Sex Offenders Can Be Excluded From Work Release Program by The U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner's Fourteenth Amendment rights to due process and equal protection were not violated by state officials' refusal to allow him to participate in a work/study program for …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Article • May 15, 2007
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
Article • May 15, 2007
Third-Party Book Seller's Records Subject to Constitutional Protections by The Colorado Supreme Court has found that individuals have a constitutionally protected right to purchase books anonymously, free from government interference, and thus records of an innocent, third-party bookstore are subject to both state and federal free speech protections and an …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
Article • May 15, 2007
United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings by United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings This was a consolidated case in which two Washington state prisoners were granted certiorari after the state …
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