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Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim by Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim The Second Circuit Court of Appeals has held the total exhaustion …
Article • September 15, 2011
Texas Prisoner States Arguable 1983 Claim by Asserting That He Was Forced to Walk to Shower Undressed in Winter by John Michael Withrow, a Texas state prisoner was forced to walk 400 feet to the shower, wearing only his underwear during the winter months. He filed suit in federal district …
Article • September 15, 2011
Virginia City Settles Suit for $1.1M after Cop Kills Teen by Aaron Brown, an Alexandria, Virginia teenager, was shot to death in the parking lot of an International House of Pancakes (IHOP) by an Alexandria cop named Carl Stowe on February 25, 2006. Stowe shot at 18-year-old Brown's vehicle to …
Article • September 15, 2011
Washington Court's Imposition of Unauthorized Supervision Overturned by Randy Town, a Washington state prisoner, pled guilty to 2 counts of statutory rape based on incidents occurring between 1983 and 1987. He was sentenced to 300 months in prison and 1 year of community placement supervision on each count at his …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner by Matthew Clarke by Matt Clarke On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at …
Article • September 15, 2011
Fifth Circuit: Texas DNA Testing Motion Tolls Federal Habeas Limitations by Matthew Clarke by Matt Clarke On November 14, 2007, the Fifth Circuit court of appeals ruled that a post-conviction DNA testing motion filed pursuant to Chapter 64 of the Texas Code of Criminal Procedure (C.C.P.) tolled the one-year limitations …
Minnesota: 1999 Law Requiring Sex Offenders To Undergo Mental Health Treatment Cannot Be Applied Retroactively by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals held that a 1999 statutory amendment mandating all sex offenders to undergo mental health treatment was an ex post facto law as applied …
Article • September 15, 2011
Ohio DOC Guard Liable For Prisoner's Slip and Fall Exiting Transport Van by On March 19, 2007, Court of Claims of Ohio magistrate recommended that a state prison guard be found liable for allowing a mobility-impaired prisoner to receive injuries by slipping and falling while exiting a transport van. Edward …
Record of Previous Violence Gives Jail Officials Constructive Notice of Attack on Prisoner by On March 20, 2007, a New York state court of appeals held that a prisoner’s previous propensity for attacking other prisoners without provocation or warning and his housing in segregation served as sufficient constructive notice of …
Article • September 15, 2011
Reason For Denying Witnesses Required in Kansas Prison Disciplinary Action by On February 23, 2007, a Kansas court of appeals held that a disciplinary hearing officer must state the reasons for denying the prisoner's witnesses. Marcus B. Washington, a Kansas state prisoner, was infracted by a female guard after he …
Article • September 15, 2011
Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners by Matthew Clarke by Matt Clarke Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may …
Article • September 15, 2011
Filed under: Mail, Photos, Mail Regulations
Seventh Circuit: Wisconsin DOC Mail Ban On Commercially Published Photos Of Celebrities Upheld by John Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals upheld the Wisconsin Department of Corrections (WDOC) policy that bans prisoners from receiving in the mail commercially published photographs of “celebrity figures, movie …
Article • September 15, 2011
South Carolina DOC Must Establish Grievance Procedure For Crime Victims' And Prisoner Dependents' Claims Over Prison Industry Wages by Matthew Clarke by Matt Clarke On May 7, 2007, the Supreme Court of South Carolina ruled that the South Carolina Department of Corrections (DOC) must allow prisoners' dependents, as well as …
Article • September 15, 2011
No Constitutional Claim for Jail Guard Breaking Prisoner’s Hip and Wrist by The Eleventh Circuit Court of Appeals held that a constitutional violation did not occur when a guard told a prisoner to shut up and then shoved him with an open hand. Despite the serious injuries the prisoner sustained, …
Article • September 15, 2011
Oklahoma County Jails Responsible For Initial Cost of Treating Prisoner’s Pre-Existing Condition by David Reutter Oklahoma County Jail Responsible for Initial Cost of Treating Prisoners’ Pre-Existing Conditions by David Reutter The Oklahoma Supreme Court has held that a county’s liability for prisoners’ medical care includes pre-arrest health conditions. The Court …
Washington State’s 2005 Sexual Predator Amendment Not Retroactive by David Reutter By David Reutter Washington State’s Supreme Court has held the 2005 amendment to the state’s sexually violent predator act (SVPA) does not apply retroactively. The Court also held a trial court may not weigh evidence at a show of …
Article • September 15, 2011
Filed under: Sentencing
Eighth Circuit Upholds BOP’s Denial of Nunc Pro Tunc Designation by The Eighth Circuit Court of Appeals upheld a Bureau of Prisons (BOP) refusal to grant a nunc pro tunc designation. In 1991, Michael Fegans pled guilty to a federal bank robbery charge while unrelated charges were pending in Arkansas …
No New Trial on Religious Separatist Claims by The Eighth Circuit Court of Appeals affirmed the denial of new trial on a Missouri prisoner’s religious freedom claims. Missouri prisoner Michael Murphy “is a practicing member of the Christian Separatist Church Society (CSC)” which “allows only Caucasians to be members and …
No Qualified Immunity for Inadequate Iowa Disciplinary Notice by The Eighth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity to prison officials on an Iowa prisoner’s inadequate disciplinary notice claim. Iowa prisoner William Dible was granted work release in April 2003, and placed at a residential …
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