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Article • May 15, 2007
Injunction Issued Against Proposed New Mexico DOC Staffing Reductions by The U.S. District Court for the District of New Mexico held that state prisoners were entitled to an injunction barring a proposed reduction of medical, mental health and security staff as the scope of the proposed reductions may have compromised …
INS Detainee Entitled to Wolff Protections in Disciplinary Action by The Fifth Circuit Court of Appeals held a detainee of the Immigration and Naturalization Service (INS) is entitled to the same due process rights of a prisoner in a disciplinary action. The detainee arrived in the United States as a …
Article • May 15, 2007
Intentional Destruction of Evidence Requires Sanction by The New York Supreme Court, Appellate Division, reversed a Court of Claims' denial of a motion for sanctions where prison officials destroyed video tapes showing that a prisoner was beaten. The Attica Correctional Facility prisoner sought damages for injuries caused by guards beating …
Article • May 15, 2007
Jail Officials Not Deliberately Indifferent in Prisoner's Beating by Affirming summary judgment for county jail officials by the U.S. District Court for the District of Massachusetts, the U.S. First Circuit Court of Appeals held that jail officials were not deliberately indifferent to a prisoner's health and safety, even though the …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
New Jersey Statute Barring Prisoner Lawsuits Struck Down by The U.S. District Court for the District of New Jersey held that a New Jersey statute (N.J.S.A. 59:5-3) barring initiation of any court action, "by or on behalf of a prisoner against a public entity or public employee until such a …
Article • May 15, 2007
No Compensation Due to Owners on IOLTA Funds' Interest Transfers by In a 5-4 decision, a sharply-divided United States Supreme Court held that transfer of interest on client funds deposited in a pooled "interest on lawyer's trust account" (IOLTA) from the account to a government program that provides legal services …
No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
Article • May 15, 2007
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
Test For Chemical Agents Use On Prisoners Discussed by The Fourth Circuit Court of Appeals held that jury instructions given in a case challenging the use of chemical agents were proper in light of the plaintiffs' failure to object, and that the use of chemical agents on recalcitrant prisoners is …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Article • May 15, 2007
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Article • May 15, 2007
Untimely Grievance Not Exhaustion of Administrative Remedies by The Eleventh Circuit Court of Appeals held a prisoner cannot claim exhaustion of administrative remedies by filing an untimely grievance and claiming further exhaustion would be futile. This 42 U.S.C. Section 1983 action was filed by a Georgia prisoner claiming Eighth and …
Article • May 15, 2007
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim by U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim On June 20, 2002, the U.S. Supreme Court reversed the U.S. Court of Appeals, District of Columbia's decision in a backward-looking court access case brought by a …
Article • May 15, 2007
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard by The U.S. Supreme Court held that the use of deadly force in apprehending a fleeing suspect was a seizure under the Fourth Amendment and that a Tennessee law allowing police officers to use deadly force against a fleeing suspect …
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