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$22,500 Awarded, Due Process Required for Forced Drugging by $22, 500 Awarded, Due Process Required for Forced Drugging The court of appeals for the Seventh circuit held that an Indiana prisoner was competent to decide whether or not to take medication for schizophrenia. The prisoner was forcibly drugged and the …
Boxcar Cells Unconstitutional by The court of appeals for the Eighth circuit held that Missouri prisoners were given adequate due process before being placed in administrative Segregation because hearings were provided. Double celling in ad seg was permissible if sanitation was not an issue. Court held that under the "totality …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Litigants Entitled to Notice of Complaint Deficiencies before Dismissal by Pro Se Litigants Entitled to Notice of Complaint Deficiencies Before Dismissal The court of appeals for the Ninth circuit held that a pro se BOP prisoner in California was entitled to notice of his complaint's deficiencies, and an …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Article • May 15, 2007
Filed under: Court Access, Photocopies
No Right to Free Photocopies by The court of appeals for the Tenth circuit held that an Oklahoma BOP prisoner did not have a right to free photocopying for filing legal documents. In this case the BOP charged 10 cents per copy and would debit the prison trust accounts of …
Denial of Religious Services in Segregation States Claim by The court of appeals for the Second circuit held that New York prisoner had stated a claim that his religious rights were violated when he was denied access to religious services in segregation. Court also held that the-prisoner's claim that he …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
Article • May 15, 2007
BOP Must Follow its own Rules by BOP Must Follow its Own Rules The court of appeals for the Eighth circuit held that a Missouri BOP prisoner was entitled to expect the BOP to follow its own policies. Federal prisoners can seek relief from such failures where constitutional rights are …
Article • May 15, 2007
No Right to Copies of Cases when Law Library Access Available by No Right to Copies of Cases When Law Library Access Available The court of appeals for the Eleventh circuit held that a Florida prisoner had no right to be provided with photocopies of court cases as long as …
Article • May 15, 2007
Qualified Immunity for Urine Samples in Presence of Parole Officer by The court of appeals for the Eighth circuit held that a Nebraska parole officer was entitled to qualified immunity from a parolee's lawsuit that he was required to provide urine samples for drug testing in the officer's presence. The …
Article • May 15, 2007
Prisoner Entitled to Possess Disciplinary Reports before Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to receive, and keep possession, of disciplinary reports at least 24 hours before the scheduled hearing. Giving the prisoner the reports, then taking them from …
Article • May 15, 2007
Jail Ban on Publications and Exercise Enjoined by A federal district court in North Carolina held that policies in the Gaston county jail banning paperback books, newspapers and magazines and denying detainees an opportunity to exercise were unconstitutional. The detainees were also denied constitutionally meaningful access to the courts. Court …
Article • May 15, 2007
Due Process Not Required when Mail with Criminal Plans Seized by Due Process Not Required When Mail With Criminal Plans Seized A federal district court in Missouri held that prison officials do not have to give due process notice to the prisoner or intended recipient when they seize mail containing …
Article • May 15, 2007
Due Process Required when Porn Censored by Due Process Required When Porn Censored A federal district court in Missouri upheld the prison censorship of sexually explicit materials. The court notes that due process requires that the censorship of prisoner mail be done with due process safeguards, including notice to the …
No Right to Medical Care beyond that Given by Prison by No Right to Medical Care Beyond that Given by Prison The court of appeals for the Ninth circuit held that a Washington prisoner who died of a heart attack had no constitutional right to medical care beyond that given …
Unconstitutional to Punish Prisoner for Court Access by The court of appeals for the Fifth circuit held that it violates due process for Texas prison officials to punish prisoners who seek access to the courts. In this case, a prisoner was denied commissary privileges by jail officials after he wrote …
Article • May 15, 2007
KS Statute Allowing Blood Samples for DNA Databank Upheld by The court of appeals for the Tenth circuit upheld the constitutionality of a Kansas statute allowing the collection of blood samples from prisoners for a DNA databank. All circuits to consider this issue have affirmed the practice, finding DNA information …
Article • May 15, 2007
Prisoners in Protective Custody Entitled to Law Library Access by A federal district court in Tennessee held that prisoners in protective custody were entitled to law library access to ensure their right of access to the courts. This ruling does not survive Lewis v. Casey, 518 US 343 (1996) unless …
Article • May 15, 2007
NJ Death Row Prisoners Entitled to Court Access by A federal district court in New Jersey issued a Preliminary Injunction to provide death row prisoners in that state with access to paralegals and legal materials to ensure their right of access to the courts. This probably does not survive Lewis …
Article • May 15, 2007
Late Notice of Appeal Allowed when Prison Officials Don't Provide Paper by Late Notice of Appeal Allowed When Prison Officials Don't Provide Paper A federal district court in New York held that a notice of appeal rejected by the court clerk because it was typed on the wrong size paper …
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