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Texas: Sexually Assaulted Boot Camp Prisoners Awarded $2,800,000 Against CSC by On December 12, 2001 three former female prisoners who claimed they were sexually assaulted while imprisoned in a privately operated boot camp in Mansfield, Texas were awarded a total of $2,800,000 against the camp's operator. Plaintiffs, Keri Echols Chattha, …
Article • May 15, 2007
California Lifer Parole Rescission Upheld On One of Five Grounds Alleged by The California Court of Appeal held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a life prisoner's unexecuted grant of parole was properly determined by the Board, and thus …
Article • May 15, 2007
Eighth Circuit rules that BOP has discretion to place prisoners in IFRP by The Eight Circuit Court of Appeals has held that the Bureau of Prisons (BOP) has the discretion to place prisoners in the Inmate Financial Responsibility Program (IFRP) when the sentencing court orders immediate payment of court-imposed fines. …
Article • May 15, 2007
No Deliberate Indifference to Medical, Denial of Access to Courts by The U.S. Court of Appeals for the Ninth Circuit held that the delay of a prisoner's medical treatment did not constitute deliberate indifference, nor did his limited access to legal research material constitute denial of access to the courts. …
No Preliminary Inunction for Firing of Prisoner Law Clerks by The First Circuit Court of Appeals affirmed a Massachusetts federal district court's order denying prisoners at MCI-Cedar Junction a preliminary injunction seeking to reinstate them to their law clerk positions at the prison. The prisoners argued they were terminated in …
Article • May 15, 2007
Oregon Court of Appeals Grants Judicial Review of Parole Decision by In this case involving the state parole board's decision to defer a prisoner's release on parole, the Oregon Court of Appeals held that the prisoner presented at least two substantial questions of law and could therefore proceed on judicial …
Article • May 15, 2007
Filed under: Work, Prison Labor
PA Prisoner Has No Right to "Idle Pay" by PA Prisoner Has No Right to "Idle Pay" The Commonwealth of Pennsylvania Court held a prisoner does not have a property interest in receiving "idle pay." The State Correctional Institution at Frackville prisoner was provided idle pay at a rate of …
Parole Board Officials Entitled to Absolute Immunity by The Ninth Circuit Court of Appeals held state parole board officials are absolutely immune from suit for actions taken when processing parole applications. This action was filed by a prisoner at the California Men's Colony who alleged violation of his First, Fifth, …
Article • May 15, 2007
Pension Fund Garnished to Satisfy Criminal Restitution Order. by A Michigan federal District Court held the government may garnish a criminal defendant's pension fund to satisfy a criminal restitution order. Both the Employee's Retirement Income Security Act (ERISA), 29 U.S.C. 1056 (d)(1), and the Internal Revenue Code, 26 U. S.C.§ …
Article • May 15, 2007
Filed under: Sentencing, Parole
Post-sentence Report Adequate Where Pre-sentence Report Unavailable by The U.S. Seventh Circuit Court of Appeals held that a post-sentence report was an adequate substitute for a pre-sentence report where the latter was unavailable. Kendall Warner was convicted in 1985 of sending threatening communications through the mail, 18 U.S.C. §876, ¶ …
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 …
Transfer to Mental Hospital without Due Process Unconstitutional by The U.S. Supreme Court ruled that a Nebraska law was unconstitutional because it did not afford due process protections. The law, § 83-180(1), allowed the transfer of a state prisoner to a mental hospital if a designated mental health professional determined …
Article • May 15, 2007
State and Official Capacity Defendants Not "Persons" Under § 1983 by The U.S. Supreme Court held that neither a state nor its employees acting in their official capacity were "persons" under 42 U.S.C. § 1983. After being fired for allegedly invalid reasons, a Michigan state employee sued the Michigan Department …
Article • May 15, 2007
Filed under: Mail, Postage
Two Postage Stamps Weekly Allows Access to Courts by The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court's judgment upholding an Alabama prison mail policy of providing two free first-class postage stamps per week, per indigent prisoner. After reviewing the complaint raised in the prisoner's 42 …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
Pulaski County Jail Ordered to Clean Up or Quit by The United States District Court for the Eastern District of Arkansas ordered the Pulaski County Jail to bring jail conditions up to federal constitutional standards or terminate the operation of the facility. The jail detainees sought declaratory judgment and preliminary …
Article • May 15, 2007
Iowa: Prior Sex Offenses Not Grounds For Prisoner's Continued Confinement by The Iowa Supreme Court held that a state prisoner who had prior convictions for sex offenses but was not currently imprisoned on sex- related charges was ineligible for commitment as a sexually violent predator. Jessie J. Gonzalez was convicted …
Article • May 15, 2007
Filed under: Sentencing
Kansas: Jail Time Must be Applied to Felony Sentence First by The Kansas Court of Appeals held that in cases where consecutive felony and misdemeanor sentences are imposed, jail time credits must be applied to the felony sentence first. Dennis Harper was convicted on one count of felony battery and …
Article • May 15, 2007
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
Article • May 15, 2007
Partial Amputation Defeats Summary Judgment by A Georgia federal district court has denied summary judgment to a doctor who treated a pre-trial detainee, holding the disputed facts merit resolution by a jury. Kenneth J. Seals asserted a state law claim of medical malpractice and Eighth Amendment violations for cruel and …
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