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Article • May 15, 2007
Use of Magistrate Over Defendant's Objection Constitutional by The U.S. Supreme Court held that a criminal defendant's right to due process was not violated by a district court judge's referral of his motion to suppress to a Magistrate, as authorized by the Federal Magistrates Act, over defendant's objection. Respondent, Herman …
Article • May 15, 2007
VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …
Article • May 15, 2007
VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington: Consecutive Terms for Multiple Sentencing Violations Upheld by The Supreme Court of Washington, en banc, held that imposing consecutive 45-day sentences for each of ten violations of conditions of sentencing was valid under Washington state law. Samuel McDougal was sentenced to 30 days confinement and community supervision for one …
Article • May 15, 2007
Mandatory Language in Montana Parole Statute Creates Liberty Interest by The U.S. Supreme Court held that mandatory language in Montana's parole statutes created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its …
Article • May 15, 2007
Minnesota: No Immunity in Pregnant Detainee's Deliberate Indifference Suit by In this interlocutory appeal, the U.S. Eighth Circuit Court of Appeals held that a pregnant pre-trial detainee who was denied medical care alleged sufficient facts to preclude defendants' motion for summary judgment based on qualified immunity. After being arrested shortly …
Article • May 15, 2007
Montana Parole Statute Creates Liberty Interest by The U.S. Court of Appeals for the Ninth Circuit held that Montana's parole statute created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its Chair …
Need for New Prosthesis is Serious Medical Need by A New Jersey federal district court held that the failure to provide a pretrial detainee with a prosthesis is deliberate indifference to a serious medical need. This action was filed by a pretrial detainee against officials at New Jersey's Cape May …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
Article • May 15, 2007
New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges by New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges The New York Supreme Court, Appellate Division, Fourth Department, held that an erroneous incident date on a disciplinary report warranted expungement of charges. State prisoner Clifford Howard was charged …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
Article • May 15, 2007
New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed by New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed The U.S. Second Circuit Court of Appeals held in this case that material fact issues precluded summary judgment of a pregnant New York prisoner's lawsuit alleging deliberate indifference to …
New York: Witness Testimony Issues Violated Due Process by The New York Supreme Court, Appellate Division, Third Department, held that a prisoner's Constitutional and state due process rights had been violated by disciplinary hearing procedures related to witness testimony. Douglas Burke, a prisoner at the Auburn Correctional Facility in New …
Article • May 15, 2007
No Actual Injury Requirement in Right to Counsel Challenges by The U.S. Court of Appeals for the Second Circuit held that pretrial detainees need not show actual injury when challenging right to counsel violations; that PLRA requirements were satisfied; and that prisoners subject to heightened physical restraints were entitled to …
Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim by Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim The U.S. Fifth Circuit Court of Appeals held that a prisoner's work assignment, which required him to come into contact with a pesticide, did not constitute cruel and unusual …
Fired California Prison Guards Awarded $410,000 for Retaliation by On September 29, 1998, a California jury awarded $410,000 to two state prison guards for their retaliatory firing and ordered them reinstated to their previous positions. Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith Williams, a 23-year-old white male, …
Article • May 15, 2007
First Amendment Allows Prohibition of Unsupervised Prison Group Prayer by The Third Circuit Court of Appeals held a prison regulation that prohibits prisoners from engaging in group religious activity without supervision of prison officials does not violate the First and Fourteenth Amendment. This civil rights action was filed by prisoners …
Article • May 15, 2007
First Circuit Holds Higher Standard for Prison Riot Claims by The U.S. First Circuit Court of Appeals, affirming the U.S. District Court for the District of Puerto Rico, upheld dismissal of a former prisoner's complaint against Puerto Rican prison officials arising from an injury the prisoner received when guards tried …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
Article • May 15, 2007
FL Disciplinary Team member Cannot be Witness to Violation by The First District Court of Appeal in Florida reversed a circuit court's denial of a petition for writ of mandamus, which alleged a member of the disciplinary hearing team was not impartial because he was the sole witness to crucial …
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