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Article • May 15, 2007
Mandatory Supervision in Private Corrections Facility Allowed in Texas by On June 29, 2005, the Texas Court of Criminal Appeals held that a prisoner released to mandatory supervision may be confined to a community corrections facility. James McCurry, a Texas prisoner, was placed on mandatory supervision pursuant to Texas Government …
Illegal Police Action Cognizable Under 42 U.S.C. § 1983 by Illegal Police Action Cognizable Under 42 U.S.C. § 1983 The United States Supreme Court held that the illegal actions of city police, while on duty, that amount to an unreasonable search and seizure, constituted action taken `under the 'color of …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Article • May 15, 2007
Remitted Damages Award Upheld in Excessive Force Claim by The U.S. Second Circuit Court of Appeals upheld damages awarded to a prisoner in a 42 U.S.C. §1983 claim against jail guards for using excessive force. The case was previously reported by PLN (September 1999, page 10). Facts of the case …
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their …
Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses by Seventh Circuit Upholds RLUIPA as Constitutional Under Spending, Establishment Clauses The U.S. Seventh Circuit Court of Appeals, affirming the federal district court, Western District of Wisconsin, held that the Religious Land Use and Institutionalized Persons Act (RLUIPA) was constitutional …
Article • May 15, 2007
Texas: Fifth Circuit Reinstates Epileptic Prisoner's Federal, State Claims by In this appeal by an epileptic individual who suffered a seizure in the Kerr County (Texas) Jail, the U.S. Fifth Circuit Court of Appeals held that fact issues precluded summary judgment of his federal claims and that he stated causes …
The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed by The Eleventh Circuit Court of Appeals Upholds Judgment and $25,000 Award Against Prison Guard For Injuries Prisoner Received When Stabbed Alabama state prisoner Willie Glover filed a §1983 suit …
Article • May 15, 2007
WA Civil Servant Cannot Sue Under Contract Law Relevant to Employment by A Washington State Court of Appeals held a civil servant may not use contract law against the state when the suit arises from his employment, nor may contract law circumvent the doctrine of equitable estoppels. Gary S. Weber, …
Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible by Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible The Eleventh Circuit Court of Appeals held a prisoner …
Article • May 15, 2007
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief, under 42 U.S.C. § 1983, for the violation of his constitutional rights. In this case, Pennsylvania state …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney award, under 42 U.S.C. § 1988, must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such awards …
Article • May 15, 2007
Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect by Attorney/Client Privileged Waived When Conversation Knowingly Recorded; Interstate Commerce Proven With De Minimus Effect The Eighth Circuit Court of Appeals held the government proved that robberies of a jewelry store affected interstate commerce and the …
CA Supervisors Liable for Indemnifying Deputies from Punitive Damages by A California federal district court held county supervisors are not entitled to legislative immunity from suit for past voting decisions to indemnify sheriff deputies from punitive damage awards, as such decision were ad hoc, non legislative and individually targeted decisions …
Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies by Jail Conditions Case Remanded for Determination of "Available" Administrative Remedies The U.S. Sixth Circuit Court of Appeals reversed a U.S. District Court in Kentucky for dismissing a prisoner's conditions claims without determining what administrative remedies were available. Samuel E. …
Article • May 15, 2007
Judicial and Good Faith Immunity Available under § 1983 by Judicial and Good Faith Immunity Available under § 1983 The United States Supreme Court held that the Civil Rights Act did not abolish the traditional immunity accorded to judges for acts within their judicial role, and that police officers can …
Article • May 15, 2007
Mailbox Rule Applies to Florida Grievance Procedure by Florida's Fourth District Court of Appeal held that the "mailbox rule" applies to the Florida Department of Corrections' Inmate Grievance Procedure. The mailbox rule holds that an appeal or document to be filed with the courts is deemed filed "at the moment …
Article • May 15, 2007
New York Prisoner Awarded $579,000 For Untreated Knee Injury by In October 1998, a New York court of claims awarded a state prisoner $579,000 for a knee injury that went untreated. While playing basketball, the plaintiff, a 33-year-old prisoner, heard a pop in his knee. He was carried to the …
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