Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
County Liable for Attorney Fees in Jail Contempt Sanction by The court of appeals for the Fourth circuit affirmed a district court ruling filing officials of the Dorchester county jail in Maryland in contempt over jail conditions and liable for plaintiffs' attorney fees. Jail prisoners filed suit over jail conditions …
Prison Ordered Closed by The court of appeals for the Fourth circuit affirmed a lower court ruling ordering a prison closed down because of overcrowding and other unconstitutional conditions. The lower court rulings are reported at: Johnson v. Levine, 450 F. Supp. 648 (D MD 1978) and Nelson v. Collins, …
Consent Decree Modification Standard by Consent Decree Modification Standard Explained The court of appeals for the Fourth circuit, sitting en banc, held that a district court had properly modified a consent decree where Maryland prison conditions remained inhumane. Underlying suit over prison conditions was settled by consent decree, progress was …
Prisoner Not Covered by Fair Labor Standards Act by The United States Court of Appeals for the Fourth Circuit held that prisoners are not covered by the federal Fair Labor Standards Act (FLSA), and they are not entitled to receive the minimum wage for work performed within a penal facility. …
FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose by Affirming the decision of the U.S. District Court of Maryland, the U.S. Fourth Circuit Court of Appeals held that prisoners of the Bureau of Prisons (BOP) consent to have their telephone calls monitored and taped and that the Federal …
Interpreters Provided For MD Deaf Prisoners in Consent Decree by A Maryland federal district court approved a consent decree that agrees to provide and compensate qualified sign language interpreters for deaf prisoners. The agreement provides Maryland deaf prisoners will be advised of their right to a qualified sign language interpreter …
Habeas Corpus Petitioner Convicted for False Declarations by The Fourth Circuit Court of Appeals affirmed a habeas corpus petitioner's conviction for two counts of violating 18 U.S.C. § 1623, which criminalizes the making of false declarations before a court. The petitioner filed a habeas corpus petition in federal court in …
Forcible Administration of Antipsychotic Medication Doesn't Violate Due Process by The U.S. Fourth Circuit Court of Appeals affirmed the U.S. District Court for the District of Maryland in holding that state prison officials' forcible administration of antipsychotic medication to a prisoner did not violate the prisoner's right to due process. …
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Arrestee Strip Search Upheld in Maryland by The plaintiff was arrested on an outstanding warrant and detained for about 14 hours. Her neck brace and medication were confiscated and not returned during that period. The pain the plaintiff suffered from lack of medication and neck brace was not a serious …
$27,501 Award to Beaten Maryland Prison Visitor by The plaintiff alleged that he was beaten while visiting his son in prison and won a judgment of $1.00 in compensatory damages and $2,500 in punitives for excessive force. His award of attorneys' fees is reduced from his claim of $130,000 to …
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
Massey v. Galley, MD, SJ Memo & Order, FOIA PIA censorship, 2007 IN THE CIRCUIT COURT FOR ALLEGANY COUNTY, MARYLAND RICHARD MASSEY, JR. #190-754 Plaintiff v. CIVIL ACTION NO. C-02-20975 JON GALLEY, WARDEN Defendant MEMORANDUM AND ORDER Before the Court are the parties Cross Motions for Summary Judgment. The Court …
Maryland’s Public Information Act Exempt from Administrative Exhaustion Requirements by Maryland's Public Information Act Exempt from Administrative Exhaustion Requirements The Maryland Court of Appeals has held that a prisoner is not required to exhaust administrative remedies to bring an action under the Public Information Act. Before the Court was a …
