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Federal Prisoner's Retaliation Claims Survive Summary Judgment by John Dannenberg by John E. Dannenberg A Bureau of Prisons (BOP) prisoner who had testified for the government and against co-defendants, prison guards and other prisoners, found himself in the line of fire of numerous retaliatory actions by prison staff. His Bivens …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
Article • May 15, 2007
California Supreme Court Interprets Portions of Sexually Violent Predator Act by The California Supreme Court has issued a decision interpreting three portions of that state's Sexually Violent Predator Act (SVPA). First, the court held that a petition seeking to commit or recommit a person under the SVPA cannot be filed …
Article • May 15, 2007
Oklahoma Court Establishes Procedure for Recouping Costs of Incarceration by The Oklahoma Court of Criminal Appeals has established a procedure for trial courts to follow in determining the amount a defendant must pay for the cost of his or her incarceration in a county of city jail. 22 O.S.Supp.1999, § …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
Heightened Security Measures For Indicted Prison Gang Member Warranted by A U.S. district court held that heightened security measures placed on an alleged prison gang member were warranted. While a Utah state prisoner, Miguel Flores was indicted for a number of violations of the Racketeer influenced and Corrupt Organizations Act …
Article • May 15, 2007
Kentucky Juvenile Prisoner Was Properly Strip Searched for Probable Cause by The U.S. Western District of Kentucky determined a strip search of a juvenile was reasonable if there was probable cause. Katherine Reynolds, a troubled youth, had been arrested and found guilty of possession of marijuana, second degree forgery and …
Illinois: No Parental Immunity for Residential Child Care Institution by In this wrongful death suit, the Supreme Court of Illinois held that parental immunity did not extend to a residential child care institution. Twelve-year-old Waketta Roy Wallace (Roy), a ward of the Illinois Department of Children and Family Services, was …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
Article • May 15, 2007
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
No Due Process Violation for False Arrest on Valid Warrant by The U.S. Supreme Court held that a §1983 action in which Respondent alleged his right to due process was violated by a faulty arrest did not state a claim since the arrest was pursuant to a valid warrant. After …
Article • May 15, 2007
Court Modifies Education Plan for Rikers Island Youth by By David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the …
Article • May 15, 2007
D.C. Prisoner's $125,000 Award for Medication Denial, Back Injury Upheld by In this case involving a prisoner who was denied pain medication and was subsequently injured in a fall, the District of Columbia. Court of Appeals held that standard of care was established, proximate cause was proven, and the $125,000 …
Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed by Dismissal of Prisoner Civil Rights Complaint Against State Sponsored Substance Abuse Program Affirmed Colorado state prisoner David K. Jenner, and several other prisoners, filed a federal complaint pursuant to 42 U.S.C. §§ 1983 and 1985 alleging …
Article • May 15, 2007
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Texas Woman Fired For Reporting Abuse Awarded $202,000 by On July 14, 2004, a district court in Harris County, Texas, awarded $202,000 to a woman who was fired for reporting a guard's abuse of a juvenile. While imprisoned at the Harris County juvenile probation department's Burnett Bayland Reception Center on …
Article • May 15, 2007
Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request by Independent Evaluation Mandated For Federal Prisoner's Nunc Pro Tunc Housing Designation Request Federal prisoner Edward Trowell filed a federal habeas corpus petition seeking review of a Bureau of Prisons (BOP) rejection of a nunc pro tunc designation …
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