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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 …
Article • September 15, 2011
Eighth Circuit Rules Previous Dismissals Not “Strikes” For Iowa Prisoner by On December 29, 2006, the U.S. Eighth Circuit Court of Appeals held that the dismissal of a prisoner’s previous federal lawsuits could not be counted as “strikes” under 28 U.S.C. § 1915(g) because the prisoner had not yet exhausted …
Article • September 15, 2011
Minnesota Commissioner of Corrections Not Immune From Section 1983 Suit Seeking Injunctive Relief by John Dannenberg by John E. Dannenberg The Minnesota Court of Appeals ruled that the Commissioner of Corrections does not enjoy absolute immunity from injunctive relief when acting in her “quasi-judicial” capacity to review a lifer’s suitability …
Article • September 15, 2011
Texas Parolee Has Right to Preliminary Revocation Hearing Despite New Charges by On October 3, 2007, the Texas Court of Criminal Appeals held that a Texas parolee has a right to a preliminary parole revocation hearing even if the parolee is imprisoned awaiting trial on a new charge. Jesse Richard …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
Article • September 15, 2011
Texas Supreme Court: Error to Dismiss Appeal for Untimely Indigence Affidavit by On November 2, 2007, the Supreme Court of Texas held that a court of appeals may not dismiss an appeal because the appellant failed to file an affidavit of indigence “with or before” the notice of appeal. Linda …
Canada's Supreme Court Reduces Award To Ex-Prisoner Sexually Assaulted By Guard by On February 8, 2008, the Supreme Court of Canada issued a unanimous ruling reducing by almost half the award given an ex-prisoner who was a youthful victim of a sexual predator guard. When he was 18, Dean Zastowny …
Names of Prison Staff Not Required In Grievances by Brandon Sample By Brandon Sample New York state prisoners do not have to name prison officials in their grievances in order to exhaust administrative remedies, the U.S. Court of Appeals for the Second Circuit decided February 2, 2009. The court's decision …
Article • September 15, 2011
Denial of Habeas Corpus Ad Testificandum Not Reviewable on Immediate Appeal by By David M. Reutter The Seventh Circuit Court of Appeals has dismissed for want of appellate jurisdiction a prisoner’s appeal of the denial of a petition for writ of habeas ad testificandum. Before he was sentenced to prison …
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