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Article • May 15, 2007
Filed under: Organizing, Protests
Anti-Picketing Ordinance Unconstitutional; Anti-Noise Ordinance Not Vague or Overbroad by The United States Supreme Court held an Illinois Anti-Picketing law was unconstitutional, but an Anti-Noise law was not. A group of protesters were picketing outside the West Senior High School in Rockford; they were carrying signs that summarized their grievances: …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
Article • May 15, 2007
California: County Prisoner Injured Knee In Fall, Awarded $96,000 by On June 5, 1995, a jury in San Francisco County, California, awarded $96,000 to a prisoner who injured his knee in a job related fall. Plaintiff Nelson A. Portillo, 29, was serving a jail sentence at the San Francisco County …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Article • May 15, 2007
Constitutional Issue Not Required for Attorney Fees Award by This case arose out of a Connecticut woman's federal court challenge under 42 U.S.C. § 1983 to Connecticut's Aid to Families with Dependent Children (AFDC) regulations which denied her credit for actual work-related expenses. The complaint was decided in the woman's …
Article • May 15, 2007
Contact Visits/Presence at Shakedown Not Required by Pretrial detainees at the Los Angeles County Central Jail filed a suit in federal district court under 42 U.S.C. § 1983. It alleged that the jail's policy of forbidding contacting visits and randomly shaking down cells in the detainees' absence violated the Due …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Article • May 15, 2007
Deliberate Indifference to Serious Medical Needs Actionable by J. W. Gamble, a Texas state prisoner, filed suit in the U. S. District Court for the Southern District of Texas alleging that prison officials and prison medical personnel violated his Eighth Amendment right to be free from cruel and unusual punishment …
Article • May 15, 2007
Dismissal of Assault Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's civil rights suit claiming that a Michigan Department of Corrections (MDOC) official was deliberately indifferent to prisoner safety. Michigan prisoner Prince Varmado-El got into an argument …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Private Corporations Subject to Florida's Public Records Act by Florida's Fourth District Court of Appeals has reversed a Broward County Circuit Court's order dismissing a petition for writ of mandamus, seeking to compel Aramark Food Service to provide a copy of the food service contract between Aramark and the Florida …
Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Article • May 15, 2007
Judgment Vacated in Aikens v. Lash by The Supreme Court granted certiorari, granted respondents leave to proceed in forma pauperis, and vacated and remanded the Seventh Circuit's decision in Aikens v. Lash, 54 F.2d 55 (7th Cir. 1975), a case in which segregated Indiana state prisoners were given the right …
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