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Article • May 15, 2007
Iowa Cost Bond Rule Unconstitutional When Applied To Post-Conviction Petitions by By Bob Williams An Iowa federal district court has ruled that a state rule of civil procedure, which requires posting a cost bond before suits will be heard when there has been three or more unsuccessful suits in the …
Florida Corrections Secretary Not Liable For Failing to Protect From Rape by The Eleventh Circuit Court of Appeals affirmed a district court's order granting summary judgment to the Secretary of the Florida Department of Corrections in a 42 U.S.C. §1983 action alleging the Secretary failed to protect him from sexual …
Washington DOC Pays $4 Million in Parolee's Rape of Seven Year Old by In 2003 the Washington Department of Corrections (DOC) paid a total of $4 million to settle a parole liability suit involving the sexual assault of a seven year old girl by a parolee under its supervision. This …
Article • May 15, 2007
Counsel Required before Misdemeanor Imprisonment by The United States Supreme Court has ruled that persons convicted of misdemeanors cannot be subjected to imprisonment unless they have been afforded counsel at the time guilt or innocence is decided. LaReed Shelton was convicted of misdemeanor assault after his failed attempt at self-representation. …
Article • May 15, 2007
Involuntarily Transferring Prisoner to HIV Dormitory Violates Right to Privacy by A New York federal district court held that prison officials cannot involuntarily transfer a prisoner who had tested positive for Human Immunodeficiency Virus (HIV) to a separate dormitory. This class action suit was filed by a New York prisoner …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator …
Court Has No Discretion To Postpone Automatic Stay Under PLRA by The United States District Court for the Southern District of New York held that it had no discretion under the Prison Litigation Reform Act (PLRA) to postpone the automatic stay of the provisions of a previous consent decree. Orange …
Article • May 15, 2007
Massachusetts Arrestee Subjected to Unjustified Force by The U.S. District Court of Massachusetts determined that a cooperative arestee, who informed Barnstable police officers of shoulder injury, was the subject of unjustified force which precluded summary judgment. Michelle Aceto was arrested at her home for a thirteen year old traffic ticket. …
Federal Detainee May Pursue Bivens Action Against Private Prison Guards by In a matter of first impression, the United States District Court for the District of Rhode Island held that a federal pretrial detainee could pursue a Bivens action against guards employed by a privately operated detention facility. Plaintiff George …
Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
Article • May 15, 2007
Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed by Virginia Prisoner's § 1983 Action Over Prison Policies Dismissed The United States District Court for the Eastern District of Virginia, Alexandria Division, granted summary judgment against a prisoner's § 1983 action in which he claimed harassment, denial of access to …
Fact Issues Preclude Summary Judgment Of Iowa Guard's State, Federal Claims by The United States District Court for the Southern District of Iowa held that issues of material fact precluded summary judgment of a former jail guard's action under state law and 42 U.S.C. § 1983 against his former employer. …
Article • May 15, 2007
Habeas Corpus Appropriately Challenges 'Fact Or Duration' Of Confinement by The United States District Court for the Middle District of Pennsylvania held that habeas corpus was not the proper forum for challenging the frequency of segregation review hearings or the limitation of telephone privileges. John Sinde, a federal prisoner at …
Texas Suicide Suit Alleging Medical Malpractice Settles For $288,130 by On June 23, 1993, a lawsuit arising from the suicide death of a prisoner in the Jefferson County (Texas) Detention Center settled for $288,130. The suit had alleged that STAT Care, the jail's contract medical provider, failed to properly screen …
Article • May 15, 2007
Filed under: Civil Procedure, Standing
Supreme Court Discusses Standing to Sue by The U.S. Supreme Court held that environmental groups (respondent) lacked sufficient standing to pursue their claim against Secretary of the Interior (petitioner). Section 7(a)(2) of the Endangered Species Act of 1973 directed petitioner to review the actions of federally funded agencies to ensure …
Officials Not Qualifiedly Immune In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that county and jail officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit. Timothy Ryan was arrested for a traffic violation and held at the …
Federal Parole Officials Not Entitled To Absolute Immunity by The U.S. Court of Appeals for the Third Circuit held that a district court erred in dismissing a parolee's claim against probation and parole officials and that the parole officials were not entitled to absolute immunity. Lawrence Wilson, a federal parolee, …
Article • May 15, 2007
$24,000 Settlement Recommended for Disabled Los Angeles Probation Officer by On March 10, 2005, the General Litigation Division for Los Angeles County, California, recommended settling a disabled county probation officer's lawsuit for $24,000. The suit alleged physical discrimination and retaliation. Gregory Miller, a probation officer for the Los Angeles County …
$55,503 Settlement for Barefoot California Prisoner by On December 27, 1999, San Francisco County, California, settled for $55,503 a prisoner's federal lawsuit that alleged he was denied footwear for three months while in the county jail and that he was treated with deliberate indifference by jail medical personnel after his …
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