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MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
Article • May 15, 2007
NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 by NY Prisoner Allowed to Challenge Disciplinary Sanction That Didn't Lengthen His Sentence Via § 1983 Donald Griffin, a New York state prisoner, was found guilty of drug use, based on an allegedly flawed urinalysis, …
Article • May 15, 2007
PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit by PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit On May 5, 2000, Jerry Irons, an AIDS patient was arrested in Maryland on an Ohio warrant. On May 17, TransCor, a company that transports prisoners, took …
Article • May 15, 2007
Tape Recorded Depositions' Intent: Cost Efficiency by A federal district court in Illinois has held that the intent of Fed.R.Civ.P. 30(b)(4) is to make a significant contribution to the efficient and economic administration of justice. The Court outlined several principles for promulgating guidelines to safeguard the non-stenographic record. First, allocation …
Article • May 15, 2007
Tape Recorded Depositions Useful to Prisoners by A federal district court in Washington has held that in addition to making the required two recordings of a witness's deposition, the requestor may make an additional unofficial recording for use as a work product. This procedure may be useful to pro se …
Article • May 15, 2007
Telephonic Depositions Useful to Prisoners by A federal district court in North Carolina has held that Fed.R.Civ.P. 30 (b)(7) should be liberally construed to allow a telephonic deposition of a witness. The plaintiff sought such a deposition because she was unable to afford the cost to do a face-to-face deposition …
Article • May 15, 2007
Visitor has Right to Due Process Hearing Before Termination of Visit Privileges by The Oregon Court of Appeals has held that a visitor, who had her privilege to visit her husband permanently revoked after he was found with a balloon full of marijuana in his rectum in a post visit …
Writ Deemed Filed When Handed to Prison Officials by The Florida First District Court of Appeal has quashed a trial court's order dismissing as untimely a prisoner's petition for mandamus challenging a disciplinary hearing conviction. The prisoner's grievance denial was rendered on April 11, 1997, and the mandamus petition bore …
Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations by Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations In the review of a district court's enforcement of an injunction governing disciplinary proceedings at New York's Bedford Hills Correctional Facility (BHCF) for women, the Second Circuit …
Article • May 15, 2007
Pre-Trial Detainees Must Pay Cost of Expert Testimony by The Third Circuit Court of Appeals held, in a medical neglect claim, an expert's medical testimony fees, except in criminal cases, will be paid by the pre-trial detainee. A pre-trial detainee at Pennsylvania Allegheny County Jail (County) suffering from ulna nerve …
Retaliatory Harassment and Transfer of Law Clerk Nets $2,100 Award by A federal district court in Tennessee, after a bench trial, held that the Warden at Tennessee State Prison (TSP) violated a prisoner's right to access to the courts for taking retaliatory action against the prisoner. After the prisoner helped …
Article • May 15, 2007
Filed under: Classification, Transfers
Security Threat Must be Shown to Transfer NY Prisoner Elected as Representative by The New York Supreme Court has held that under section 139 of the Correction Law a prisoner elected to be a prisoner representative on the Inmate Grievance Resolution Committee (IGRC) had a right to not being transferred …
Article • May 15, 2007
Filed under: Classification, Transfers
State Prisoner Transfer To Federal Prison Constitutional by The U.S. Supreme Court held that the transfer of a Vermont prisoner to a federal prison for security reasons was constitutional. Vermont, having no maximum security prison, opted to transfer a prisoner convicted of violent crimes to a federal prison under 18 …
Article • May 15, 2007
WA Guard's Denial of Out-of-Cell Exercise to Prisoner for 105 Days States 8th Amendment Claim by WA Guard's Denial of Out-of-Cell Exercise to Prisoner for 105 Days States 8th Amendment Claim John Headrick, a Washington state prisoner, sued the superintendent of the state penitentiary after guards in the segregation unit …
IL DOC is Not a Joint Public Employer by The Illinois Department of Corrections (DOC) farms out its prisoner-medical-services to subcontractors such as Wexford Health Sources, Inc. (Wexford). During an unfair labor practices case before the State Labor Relations Board (Board), the American Federation of State, County and Municipal Employees …
Article • May 15, 2007
Washington DOC Exonerated in Negligent Supervision Case by On April 11, 1998, Cynthia Bordon died in an auto accident caused by Richard Jones, a Washington State parolee, who was driving while intoxicated. Jones was on parole, in part, for attempting to elude police. He was not to drive without a …
Article • May 15, 2007
Filed under: Searches, Drug Testing, Parole
Federal Probation Officers Can't Order Probationers to Drug Treatment by Manuel Carrera, a federal prisoner in Puerto Rico, was sentenced to five years' supervised release after completing a 78-month prison sentence for drug sales. As a condition of his release, the district court directed Carrera's probation officer to set up …
TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination by TX Private Prison Guard Can't Sue Under § 1983 For Bogus Employment Termination Harold Cornish was employed as a guard at a Texas private prison owned and operated by Correctional Services Corp. (CSC). He blew the …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
OH DORC Liable for Property Damage Done by Prisoners by K. Michael Deem Investment Corp., Inc. (Deem Inc.), an Ohio corporation, allowed the state Department of Rehabilitation and Correction (DORC) to operate a pallet-restoration industry on its property. While working there, prisoners damaged a cinder block wall, a dumpster and …
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