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Article • May 15, 2007
636(b)(1)(B) Authorizes Nonconsensual Referral To Magistrate by The U.S. Supreme Court held that 28 U.S.C.A. § 636(b)(1)(B) authorized nonconsensual referrals to a magistrate both in cases involving challenges to ongoing conditions of confinement and cases where a specific instance of constitutional violations by prison officials is alleged. Petitioner John McCarthy, …
$500 Paid in Refusal to Call Witness in WA DOC Hearing. by Jose Echeverria filed a 42 U.S.C §1983 action in the Eastern District of Washington federal court against officials at the Washington State Penitentiary alleging due process violations. Echeverria was infracted for allegedly participating in a fight between two …
Article • May 15, 2007
Insane Prisoner Cannot Be Executed by The United States Supreme Court held the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane, and that Florida Statute § 922.07 was inadequate to assure adequate facts are developed to make a determination of a …
Article • May 15, 2007
Iowa Jail Blanket Strip Search Policy Unconstitutional by An Iowa federal district court held that strip searches of temporary pre- arraignment detainees charged with minor offenses not normally associated with weapons or contraband are permissible under the Fourth Amendment only if there is a basis for reasonable suspicion that the …
Article • May 15, 2007
Iowa Prisoner Entitled to Due Process in Seizure of Money by The Supreme Court of Iowa held that money in a prisoner's trust account is protected property and funds for restitution cannot be deducted without a due process hearing. A procedural amendment to the IDOC's restitution collection policy allowed for …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Article • May 15, 2007
Kansas: Habeas Corpus Proper Avenue for Prisoner Mistreatment Allegations by The Supreme Court of Kansas held that habeas corpus was the proper avenue for prisoners seeking relief from mistreatment. State prisoners who had been subjected to solitary confinement petitioned separately for writs of habeas corpus alleging, among other things, denial …
Article • May 15, 2007
Filed under: Liberty Interests, Visiting
KY Prisoners Have Liberty Interest in Visitation by The U.S. Court of Appeals for the Sixth Circuit held that prisoners in the Kentucky State Reformatory had a liberty interest in visitation. Two state prisoners who had their visitation privileges with certain individuals suspended without a hearing brought suit against prison …
Lack of Economic Means Does Not Justify Failure to Exhaust State Remedies by The United States Court of Appeals for the Eighth Circuit has found that a state prisoner's alleged inability to comply with state financial requirements does not relieve him from the federal habeas corpus exhaustion doctrine. Eddie Risdal …
MA DOC Violated Prisoner's Right to Freedom of Expression by The Superior Court of Massachusetts held that a prisoner's due process rights and rights to freedom of expression and to petition the government were violated. A prisoner wrote a letter to the Secretary of Public Safety asking her to intervene …
Article • May 15, 2007
Mandamus Appropriate in MO Ad Seg Case by The Supreme Court of Missouri ruled that an administrative segregation prisoner's habeas corpus petition was inappropriate because prison conditions of cruel and unusual punishment were not alleged. The state prisoner was seeking release from protective custody and into the general population. The …
Article • May 15, 2007
Michigan: Relevant Documents Must Be Provided in Disciplinary Action by The Court of Appeals of Michigan held that a state prisoner's due process rights were violated when he was refused access to documents relevant to his disciplinary case. Joseph Tocco received a major disciplinary case for allegedly participating in a …
Article • May 15, 2007
Denial of Mail and Phone Privileges Unreasonable Disciplinary Measures by The U.S. District Court of Maine held that denial of detainee's access to mail and telephone privileges were unreasonable disciplinary measures. Jeffery Simpson, a pre-trial detainee, while at the Penobscot County jail, violated jail rules. He was placed in disciplinary …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
Article • May 15, 2007
Filed under: Classification
Due Process Required in BOP "Special Offenders" Classification by The Eighth Circuit Court of Appeals, in a case involving two federal prisoners in Minnesota, found due process is required for "special offender" (later changed to "central monitoring case") classification. Upon entering the prison, the two prisoner-petitioners were classified as "special …
Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Article • May 15, 2007
Failure to Administer Medication as Prescribed not Actionable by The Seventh Circuit Court of Appeals held that a guard's failure to administer medication exactly as prescribed, without additional exacerbating hardships, does not violate the Eighth or Fourteenth Amendments. This 42 U.S.C §1983 action was brought by a pretrial detainee at …
Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
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