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Article • May 15, 2007
Washington DOC Pays $3,000 for Failing to Timely Disclose Public Records by The Washington Department of Corrections (WDOC) agreed to pay $2,997.50 to settle a lawsuit under the Public Disclosure Act brought in a Washington Superior Court, Thurston County, by the International Brotherhood of Electrical Workers Local Union No. 76 …
Article • May 15, 2007
Indiana Juvenile's Rights Discussed by The Indiana Supreme Court has held that Indiana's Constitution and laws do not require that all juveniles be placed in other than an adult prison, but held the juvenile in this case did state a claim related to her medical treatment. This civil action was …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Indiana Law Requires Service by Mail at Place of Employment by The Seventh Circuit Court of Appeals held that Indiana law requiring service of process upon an individual by mail at the individual's "place of business or employment" requires service at the location where he actually reports for work rather …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Article • May 15, 2007
Parties May Not Choose Specific Magistrate Judge by The Seventh Circuit Court of Appeals held that parties in a litigation cannot choose a specific magistrate judge, but may elect to have a magistrate judge preside over the case. The parties agreed to a settlement in this suit involving a wrongful …
Physical, Mental Suffering Resulting from Extra Duty States Claim by In this apparently novel issue in which Louisiana prisoners alleged that extra duty imposed as a punishment for violating prison rules constituted cruel and unusual punishment, the U.S. Fifth Circuit Court of Appeals held that the prisoners stated a claim …
Article • May 15, 2007
PLRA Applies to Juveniles by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and a juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the Tyron Residential Facility …
Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award by The Ninth Circuit Court of Appeals held that a party who obtains a preliminary injunction is a "prevailing party" entitled to an award of attorney fees. This action originated as a 42 U.S.C. 1983 suit claiming that officials of California's …
Article • May 15, 2007
Pretrial Detainees May Not Be Disciplined or Denied Family Visits by The United States District Court for the District of Maryland ruled that pre-trial detainees may not be disciplined in any way, and should be permitted to visit with family members and enjoy other privileges. Pre-trial detainees at the Baltimore …
Article • May 15, 2007
Sixth Amendment Not Violated by The U.S. Supreme Court has held that the Sixth Amendment right to counsel is not violated by placing prisoners in administrative segregation (ad seg) without counsel. In separate incidents, prisoners in the Federal Correctional Institution at Lompoc, California, were placed in ad seg for suspicion …
Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted by Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted The Ninth Circuit Court of Appeals held that a party who reaches a settlement agreement enforceable by the court, or who has obtained a preliminary …
Article • May 15, 2007
Prison Nurse's First Amendment Suit Struck Down by Summary Judgment by The U.S. Sixth Circuit Court of Appeals upheld an Ohio federal district court's award of summary judgment against a former prison nurse who charged that Ohio Department of Rehabilitation and Corrections (DORC) officials retaliated against her for exercising her …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
Article • May 15, 2007
Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by John E. Dannenberg The Ninth Circuit US Court of Appeals permitted a case to proceed in …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing …
Qualified Immunity Denied In Use Of 5-Point Restraint by A Federal District Court in Virginia has held that prison officials are not entitled to qualified immunity on excessive force, racial discrimination, and due process claims rising from use of 5-point restraints. Trini Davis, a prisoner at Wallens Ridge State Prison …
Article • May 15, 2007
Dismissal Denied for Delay of Dental Treatment by A federal district court in Delaware has held that a prisoner's claim of proper dental treatment being delayed defeats the Defendant's Motion for Dismissal. While incarcerated at Delaware's Multi-purpose Criminal Justice Facility, prisoner David W. Williamson developed an abscessed tooth and periodontal …
Federal Court Clarifies Texas Prisoners' Disciplinary Appeal Rights by by Matthew T. Clarke A federal district court in Austin, Texas, held that: (1) pending administrative remedies toll the 28 U.S.C. §2254(d)(2) one-year limitations period; (2) a prisoner's transfer to another prison is not a valid reason to deny him as …
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