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Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley …
Article • May 15, 2007
D.C. Female Arrestees File Tort Claims Over Illegal Strip Searches by The U.S. District Court, District of Columbia, denied in part and granted in part a motion to dismiss a lawsuit filed by female arrestees against the United States Marshals Service (defendants), for allegedly conducting illegal strip searches on them. …
Article • May 15, 2007
Filed under: Organizing, Voting
Disenfranchisement of Felons Constitutional; Claim Frivolous by The U.S. Tenth Circuit Court of Appeals held that disenfranchisement of Wyoming's convicted felons does not violate the Constitution, that the dismissal provisions of the Prison Litigation Reform Act (PLRA) do not violate due process, and that prisoners can be assessed a "strike" …
Article • May 15, 2007
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
Article • May 15, 2007
Publications Ban Unconstitutional by The Fifth Circuit Court of Appeals has held that a ban on publications by a Texas jail was unconstitutional. Stewart Mann was denied access to newspapers and magazines as he awaited trial in the Midland County, Texas, jail. The denial was part of a jail policy …
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 …
Article • May 15, 2007
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Article • May 15, 2007
Evidentiary Hearing Required for Legal Mail Rights by The Seventh Circuit held that federal prisoners' First Amendment rights with regard to mail inspection by prison officials warranted an evidentiary hearing. Christopher John Martin and Brett C. Kimberlin sought to enjoin the practice of prison officials treating all incoming mail as …
Article • May 15, 2007
Georgia Student's Personal Injury Suit Against Guards Dismissed by The Court of Appeals of Georgia affirmed the Tattnall County, Superior Court's decision to enter summary judgment for prison guards in a personal injury complaint brought by a fifteen-year-old boy (plaintiff) who was physically restrained by the two guards during a …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Rape Suit Dismissal Summarily Affirmed by A male to female transsexual prisoner who was raped at a federal facility filed suit in U.S. District Court in Wisconsin alleging prison officials were deliberately indifferent to her right to be free from attack. The District Court dismissed the suit. The Seventh Circuit …
Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim by Public Sector Employee's § 1983 Equal Protection Claim Allowed Without Pleading Title VII Claim The Fourth Circuit Court of Appeals has held a guard's 42 U.S.C. § 1983 action alleging religious discrimination was not barred …
Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used by Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used The U.S. Seventh Circuit Court of Appeals, affirming a Wisconsin federal district court, held that a state prisoner's complaint was properly dismissed where some claims were not timely exhausted …
Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration by Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration Ronald Hankins (plaintiff), a prisoner at the Missouri State Penitentiary (MSP), filed a lawsuit against William Finnel (defendant), a teacher at MSP, for …
Article • May 15, 2007
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
Article • May 15, 2007
Sentence of Internet Usage Ban Requires Notice and Limitations. by The Seventh Circuit Court of Appeals held a special provision of supervised release that prohibits "access to any internet services without prior approval of the probation officer" requires notice prior to the hearing and limitations on the ban. This is …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
Article • May 15, 2007
"Some Evidence" Exists Iowa Prisoner Engaged in Assault Rather than Fighting by The Eighth Circuit Court of Appeals held there was some evidence" to find a prisoner at the Iowa State Penitentiary guilty of assault rather than fighting. A guard observed two prisoners horse playing in the exercise pen, and …
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