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Article • May 15, 2007
Preliminary Injunction Granted in BOP Work Release Suit by The plaintiff took a plea with the expectation based on past practice that he would serve his sentence in a halfway house; the probation office so recommended to the sentencing judge, who adopted the recommendation. The Department of Justice then decided …
Article • May 15, 2007
RLUIPA Found Unconstitutional by Sixth Circuit by The Religious Land Use and Institutionalized Persons Act violates the Establishment Clause because it favors religious rights over other fundamental rights without any showing that religious rights are at any greater risk of deprivation. It is not necessary to avoid an Establishment Clause …
Expert Witness Rate for Discovery Reduced by Compensation to an expert for time spent in responding to discovery includes a reasonable amount of time preparing for a deposition. Here, 3.5 hours was reasonable for a review of medical records more than a year after the expert prepared his report (no …
SICK ON THE INSIDE: Correctional HMOs and the Coming Prison Plague by By Wil S. Hylton When David Hannah walked into a small office on the second floor of the Moberly Correctional Facility in Moberly, Missouri, last fall, carrying his belly like a hundred-pound sack of sand, the staff knew …
Article • May 15, 2007
District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 by District of Columbia is "Suable Entity" Under 42 U.S.C. §1983 The United States District Court for the District of Columbia (D.C.) held that the district can be sued under 42 U.S.C. §1983. Twenty-three D.C. prisoners at the Lorton Reformatory …
$1,500 Paid in False WA DOC Disciplinary Action by Thomas B. Armstrong III, a telemarketer clerk at Washington State Penitentiary, was accused of losing a wrench and consequently was given a disciplinary report and placed in segregation. Two weeks later, he was released from segregation and the charges were dropped. …
Article • May 15, 2007
Sexual Predation Rampant At FMC-Carswell; Another Employee Convicted by By Michael Rigby A pair of semen-stained sweatpants has led to the conviction of former prison guard Michael Lawrence Miller, making him the seventh employee of the Federal Medical Center for women in Carswell, Texas, to be convicted of sexually abusing …
Article • May 15, 2007
California Guards Assigned Word Puzzles by California Guards Assigned Word Puzzles to Satisfy Training Requirements California State Assembly Member Rudy Bermudez, himself a member of the powerful prison guards union (CCPOA) while on leave from his prison job to serve elective office, sharply criticized the practice of solving word puzzles …
Article • May 15, 2007
Filed under: Restraints, Juveniles
No Immunity for School Official Taping Second Grader's Head to Tree by "The facts are not complicated." A school vice principal taped a second-grade student's head to a tree as punishment, releasing him after five minutes when a fifth-grade student said she didn't think he ought to be doing that. …
Article • May 15, 2007
Welcome to Hell: Letters and Writings from Death Row by Jan Arriens, Northeastern University Press, 255 pages. 1997 Reviewed By Yuri Holmes Death can arrive at any time. It can strike at anyplace. When pondered, death promotes fear in even the blackest of hearts. When allowed, it devours the human …
Article • May 15, 2007
Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? by Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? It was the end of a long day of depositions in a tense medical malpractice …
No Liberty Interest in Sex Offender Classification by A prisoner plaintiff said he had no internal procedure available to challenge his sex offender classification. Defendants said that the grievance system permitted classification matters to be aired. The court decides the question in favor of defendants and dismisses for non-exhaustion, noting …
Article • May 15, 2007
Civil Rights Act Ensures Prisoner's Chance To Prove Allegations Of Abuse by California State Prisoner Clifford Wiltsie brought a § 1983 suit in the U.S. District Court for an alleged unprovoked attack on him by several Department of Corrections (DOC) guards. His suit seeking release from custody and monetary damages …
Article • May 15, 2007
Crawford Inapplicable to Washington Sentence Modification Hearings; Good Cause Must be Established for Hearsay Admission by Crawford Inapplicable to Washington Sentence Modification Hearings; Good Cause Must be Established for Hearsay Admission The Washington State Supreme Court, sitting en banc, held that Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354 …
Article • May 15, 2007
Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court by David Reutter Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court By David M. Reutter The Tenth Circuit Court of Appeals has held that it does not have jurisdiction to hear an appeal of a partial …
Article • May 15, 2007
Washington Banishment Order Vacated by A division of the Washington Court of Appeals vacated a trial court's banishment order, concluding that the ban "fails strict scrutiny" because "it is not sufficiently tailored and therefore impermissibly infringes on [the] right to travel." David Schimelpfenig was convicted of murdering Marjorie Benner inside …
Article • May 15, 2007
MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdic by MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdict Vacated Willie Thomas and three other prisoners had been released from the Michigan prison system based on a ruling …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Trial Court Lacks Authority to Deny Washington Earned Credits by The Washington State Supreme Court, sitting en banc, held that the trial court has no authority to restrict the grant of earned early release time credits. Brenda Louise West robbed a motel. "In exchange for a reduction of the charge …
Article • May 15, 2007
TN Prisoner's Photos Destroyed; § 1983 Relief May Lie by TN Prisoner's Photos Destroyed; § 1983 Relief May Lie In 1998, Billy Lattimer, a Tennessee state prisoner, sued the state Department of Correction (TDOC) and several prison guards in the Chancery Court for Davidson County after the guards allegedly destroyed …
Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural by Substantial Compliance with Administrative Remedy Rules Satisfies PLRA Despite Prisoner's Procedural Deficits The District of Columbia's Court of Appeals has held that procedural defects in a prisoner's pursuit of administrative remedies does not bar a civil suit per …
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