Preliminary Screening Required Prior to Double Ceiling by A federal district court in Maryland has held that the failure to have in place procedures to identify special problems with and review the compatibility of cellmates is a constitutional violation of prisoners' rights to have reasonable care exercised to protect them …
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Police Immune in Pepper Spraying Death by Police detained the decedent for emergency psychiatric evaluation (he was lying in the road yelling "get it off me"), used pepper spray and placed him restrained and face down in the police car; he was discovered face down in the emergency room, dead. …
Court Upholds Maryland DOC Staff Grooming Rules by The Rastafarian correctional officer was disciplined for wearing dreadlocks contrary to the agency's grooming policy. At 398: "The challenged rules are rationally related to the division's legitimate interests in public safety, discipline and esprit de corps." They allow staff members to be …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
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 …
