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Article • May 15, 2007
Illinois Court Without Authority to Withhold Prisoner's Income by The Illinois Fourth District Court of Appeals reversed a trial court's order requiring the Department of Corrections (DOC) to withhold 50% of a defendant's monthly income and remit it to the clerk to satisfy restitution and court costs. The State conceded …
Article • May 15, 2007
Imprisoned Idaho Prison Guard Settles Jail Suit in Exchange For Surgery by In 2000, Ed Stevens, a former Idaho State Penitentiary guard, was incarcerated in the Ada County jail on child abuse charges. While incarcerated he was attacked by another prisoner and punched in the face. He suffered a torn …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Article • May 15, 2007
Colorado COA: Claim Concerning Restitution Deductions Should Name DOC by The Colorado Court of Appeals held that an action brought by a prisoner challenging deductions from his prisoner bank account for victim restitution should have been brought against the Colorado Department of Corrections (DOC). In December 1993, Anthony J. Carrillo …
Article • May 15, 2007
Colorado: Limiting Prisoner to One Grievance Per Month Constitutional by The Colorado Court of Appeals held that a state prisoner's right to due process was not violated by his confinement in administrative segregation, nor was he subjected to cruel and unusual punishment. Plaintiff Clovis Green brought an action against prison …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Article • May 15, 2007
Consent Decree Entered Regarding Minnesota Prison Medical Care by On May 27, 1997, a consent decree enumerating the medical rights of prisoners in the Minnesota State Prison was entered in the District Court for the District of Minnesota. Plaintiffs, Minnesota state prisoners, brought an action under the Civil Rights Act …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Article • May 15, 2007
Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine by Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine The Delaware Supreme Court, sitting En Banc, held that its decision in Crosby v. State, …
Article • May 15, 2007
Delaware: Redactions Based On Officer Safety Not Valid Under FOIA by On December 30, 2003 the Delaware Supreme Court held that concern for police officers' safety is not a legitimate reason for withholding identifying information under the Freedom of Information Act (FOIA). The News Journal, a media publication of the …
Article • May 15, 2007
Filed under: State Statutes, Zoning
Demolition of Historic California Jail Stayed Pending New Study by John Dannenberg By John E. Dannenberg The County of Monterey, California wanted to demolish its 73-year-old Main Jail in Salinas, but was challenged by preservationists who wished it refurbished and maintained as an historic building. The preservationists ("Architectural Heritage Association") …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Article • May 15, 2007
Loss of Good-Time Credit, Transfer Not Excessive Disciplinary Sanctions by The U.S. Seventh Circuit Court of Appeals upheld denial of a state prisoner's habeas corpus petition challenging prison disciplinary sanctions imposed upon him. The court held that Federal courts do have jurisdiction to consider habeas petitions from prison disciplinary hearings, …
Mail Restrictions Examined Under Turner Standard by The U.S. Supreme Court held that prison regulations allowing the rejection of certain subscription publications must be examined under the standards set forth in Turner v. Safely. This decision further reaffirms the procedural due process protections of Procunier v. Martinez, 416 U.S. 396, …
Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 by Municipalities Must Have Unconstitutional Policy To Be Liable Under §1983 The U.S. Supreme Court held that the city of St. Louis was not liable in an employee's §1983 action because the employee had not shown the alleged violation was …
Article • May 15, 2007
New York Prisoner Wins Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a District Court's dismissal of a complaint filed by a prisoner at the Attica Prison in New York. The prisoner filed the complaint because he was transferred back to the prison …
Article • May 15, 2007
No Due Process For Discretionary Parole Hearings by The U.S. Supreme Court ruled that Nebraska parole procedures were constitutional. Nebraska prisoners filed a § 1983 class action suit against the state parole board after they were denied parole. The prisoners alleged that the parole board did not meet procedural due …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
Article • May 15, 2007
No Writ Of Mandamus When Other Remedies Exist by The U.S. Supreme Court held that parties seeking issuance of writ of mandamus must show that there is no other way to gain the desired relief. California prisoners filed a class action suit alleging constitutional violations in the way sentence lengths …
7th Circuit Upholds Illinois Prisoner's Segregation, Denial of Outside Exercise by The U.S. Seventh Circuit Court of Appeals held in this case that a prisoner's 70 days in segregation, and the denial of outdoor exercise while there, was not unconstitutional. While imprisoned at the Stateville Correctional Center in Illinois, plaintiff …
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