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Article • May 15, 2007
No Subpoenas for Indigent Litigants by The court of appeals for the Ninth circuit affirmed the dismissal of an Oregon prisoner's 42 U.S.C. Section 1983 action alleging claims against a prison guard, who did not honor a subpoena, and an assistant attorney general, who advised the guard the subpoena did …
Article • May 15, 2007
Prison Superintendent's Demotion for Misconduct Upheld by Craig Hilliard, former Superintendent in charge of the Davidson County Correctional Center of the North Carolina Department of Corrections (DOC), appealed an administrative decision that he engaged in multiple acts of misconduct. Hilliard was demoted to the position of Programs Supervisor and filed …
Article • May 15, 2007
Deliberate Indifference to Strong Likelihood that Prisoner Will Commit Suicide Implicates Eighth Amendment by Deliberate Indifference to Strong Likelihood that Prisoner Will Commit Suicide Implicates Eighth Amendment Stephanie Poiroux Snow committed suicide while in the Citronelle, Alabama jail for drunk driving. Her estate sued city officials and jailers in the …
Article • May 15, 2007
First Amendment Protects Prisoners' Negative Statements About Prisons by Robert Gandy is a prisoner in the Colorado Department of Corrections (DOC). He wrote a letter to Home Depot, a mail-order supplier of DOC prisoners, about a DOC policy that he thought would illegally impinge on Home Depot's business. Guards opened …
Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless by Sua Sponte Dismissal for Factual Frivolity Appropriate Only if Facts Alleged Are Clearly Baseless Billie Elliott is a prisoner at the Lansing Correctional Facility (LCF) in Lansing, Kansas. LCF mailroom guards denied him several issues …
Article • May 15, 2007
Washington State Prison Nurse's Wrongful Termination Claim Survives Summary Judgment by Washington State Prison Nurse's Wrongful Termination Claim Survives Summary Judgment Licensed Practical Nurse Jayne Morse filed a state court civil rights action against Washington State prison personnel alleging retaliatory discharge in violation of the First Amendment and wrongful termination …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
Article • May 15, 2007
Supreme Court: Right Of Access Applies To California Preliminary Hearings by The U.S. Supreme Court held in this case that the qualified First Amendment right of public access to criminal proceedings applies to preliminary hearings conducted in California. On December 23, 1981, Robert Diaz, a nurse, was charged in a …
Article • May 15, 2007
Filed under: Visiting
Supreme Court Holds No Liberty Interest In Visitation by The U.S. Supreme Court held that Kentucky prison regulations governing visitation procedures did not create a liberty interest subject to protection under the due process clause of the Fourteenth Amendment. Two state prisoners had their visitation privileges with certain individuals suspended …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Virginia Court Defines Strip Search by A Virginia appeals court held that a search of an arrestee that was incident to an arrest for auto theft did not constitute a strip search. The arresting officer testified that while pat searching the arrestee he heard the crinkle of plastic in the …
Article • May 15, 2007
Nurse Denied, Sheriff Granted, Qualified Immunity on Prisoner's Stroke by The U.S. Sixth Circuit Court of Appeals, partly reversing the U.S. District Court for the Eastern District of Tennessee, held that a jail nurse was not entitled to qualified immunity but that the sheriff and jailer were so entitled, in …
Article • May 15, 2007
Ohio Court Of Appeals Awards Injured Prisoner $100,000 by On June 4, 1988, the Ohio Court of Appeals, Tenth Appellate District, awarded a state prisoner $100,000 for severe burns to his leg, reversing a Court of Claims judgment awarding the prisoner $20,000. While working to unplug a drain at the …
Article • May 15, 2007
Filed under: Court Access
Florida Prisoner's Have Right to Bring Civil Actions by The Florida Second District Court of Appeal reversed a trial court's order that held a prisoner endures "civil death" upon conviction, loses his right to sue under § 944.292 (1983), Florida statutes, and abated the prisoner's civil tort suit. The court …
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the …
Article • May 15, 2007
Filed under: Family, Family Law
NJ Prisoner's Child Support Suspension Motion Inactive Until Release by The Superior Court of New Jersey reversed a trial court's order refusing to suspend a prisoner obligor's weekly $110 child support until his release and requiring arrears to accumulate. The Superior Court held any action on the obligor's motion should …
Notice of Rules Required Before Infraction by The court of appeals for the Fifth circuit held that two federal prisoners in Texas were denied due process when they were disciplined for violating a non existent prison rule. The court also required that the lowers court determine if the defendants had …
Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
Polygraph for Accused Required After Informant Passed by The New Jersey Superior Court appellate division ordered that a prisoner accused of escape in a disciplinary hearing must be afforded a polygraph test after a confidential informant (CI) passed such a test. The finding of guilt was based solely upon the …
Article • May 15, 2007
Prisoner Made Goods Must be Labeled for Interstate Transport by The United States Supreme Court held that transportation of prisoner made goods without proper labeling violated the Ashurst Sumners Act (ASA), 49 U.S.C.A. §§ 61-64, and the U.S. Constitution Act 1, § 8. The Kentucky Whip and Collar Co. (petitioner) …
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