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Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
Article • May 15, 2007
$2,000 For 35 Days Unlawful Confinement by Washington DOC by Susan Garner was scheduled to be released on June 19, 1998 from the custody of the Washington Department of Corrections. However, her Community Corrections Officer failed to notify law enforcement as required by statute and she was detained an additional …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
Article • May 15, 2007
Filed under: Organizing
CA Supreme Court Upholds Ban On Prisoner Union Meetings by A prisoners union in California filed a writ of habeas corpus, challenging the decision of the director of corrections to deny the union from holding meetings at a California state prison due to the security risks involved. The writ was …
Article • May 15, 2007
California State Prisoner Assaulted By Guards Awarded $2,500 by On May 18, 1993, a federal jury in San Francisco awarded $2,500 to a prisoner who claimed he was assaulted by prison guards. Plaintiff Scott Felix, 30, alleged that in March 1985 while incarcerated at the Folsom State Prison he was …
Article • May 15, 2007
Civil Defendants Must Pay for Plaintiff's Deposition Copy by A West Virginia federal district court ordered the Defendants, in a civil case brought by a prisoner/plaintiff proceeding in forma pauperis, to pay the court reporter's bill for the plaintiff's copy of a deposition initiated by the Defendant's. The Court stated …
Article • May 15, 2007
Class Representative Must Have Same Interest as Class by An Illinois federal district court has held that a prisoners' class action may proceed with a new representative when the original representative's claims no longer possesses the same interest and suffered the same injury of the class. After discovery, the class …
Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
Mailing Out Property Protects Property Interest by The court of appeals for the Tenth circuit held that requiring a federal prisoner to mail out property he was not allowed to have in prison did not deprive the prisoner of his property interest in the property. The court noted that prisoners …
Article • May 15, 2007
NJ Prisoner Can Sue County for Rape by Guard; $258,000 Verdict Affirmed by The New Jersey Supreme Court reinstated a claim against the Union County Jail (UCJ) brought by a male prisoner who was raped by a guard. The prisoner was "called out" of his cell and taken to a …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Filed under: Furloughs, Medical, Transplants
WA DOC Can Provide Organ Transplants by A Washington Appeals Court has held that a defendant convicted of delivery and possession with intent to deliver cocaine is not entitled to home detention for medical reasons. The defendant had received two liver transplants, and he was still under close observation by …
WA Mail Theft Whistleblower's Emotional Distress Award Vacated by A Washington Appeals Court reversed a jury's award of $4,891 for emotional distress in favor of a Washington Department of Correction's employee and dismissed the case. The employee had reported to supervisors that theft of money from prisoner's mail was occurring. …
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
WICC Not Federal Law by In a case filed by New Mexico prisoners transferred to Washington, a Washington federal district court has held that the Western Interstate Corrections Compact (WICC) does not confer federal rights on prisoners, which are enforceable via 42 U.S. C. §1983. The Court made this holding …
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