Skip navigation

Search

40577 results
Page 1532 of 2029. « Previous | 1 2 3 4 ... 1528 1529 1530 1531 1532 1533 1534 1535 1536 ... 2025 2026 2027 2028 2029 | Next »

Article • May 15, 2007
Transfer of Hawaii Prisoners to CCA Prison in Oklahoma Upheld by The petitioners convicted in Hawai'i, were transferred to a private prison in Oklahoma, which was then bought by Oklahoma for operation as a state-owned prison. Their due process claim is foreclosed by Olim v. Wakinekona; notwithstanding various factual distinctions …
Article • May 15, 2007
Fourth Circuit Demands Particularized Right Under Qualified Immunity by In qualified immunity analysis, "[a] preliminary task is to define the constitutional right at issue 'at a high level of particularity.'" (279, citation omitted) The court cites one of its 1999 cases for this point and does not discuss whether this …
Article • May 15, 2007
Georgia DNA Testing Statute Upheld by The court upholds a statute requiring DNA sampling of all convicted felons. It does not violate the Fourth Amendment. The bodily intrusion is minimal, and the state's compelling interest in obtaining reliable and accurate identifying characteristics of persons convicted of felonies outweighs it. The …
Pro Se Suit against CMS and Aramark Dismissed by The plaintiff's release from prison moots his request for declaratory and injunctive relief. The plaintiff's claim for "emotional and psychological deterioration" resulting from bad prison conditions is barred by the PLRA mental/emotional injury provision. Some circuits have held that punitive damages …
Article • May 15, 2007
D.C. Venue Improper in BOP Fine Punishment Suit by The plaintiff allegedly was kept for three years beyond his sentence expiration because he refused to sign an installment schedule agreement for his unpaid fines. The wardens of prisons in Virginia and West Virginia were not subject to personal jurisdiction in …
Article • May 15, 2007
Idaho Shaving Rule Infraction Against Prisoner with Brain Problem Vacated by The plaintiff, who suffers from a neurological disorder causing jerking and shaking, declined to shave because doing so with a razor blade endangered his safety (he had already cut himself trying to do so), and they wouldn't let him …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Circumstantial Evidence Supports Disciplinary Drug Conviction by The plaintiff was convicted of a disciplinary drug offense based on circumstantial evidence related to the finding of drugs in a trash can in the visiting area. He lost good time, so his claim is cognizable under Sandin, and he proceeded via writ …
Wisconsin Religious Work Release Contract May Violate Constitution by A contract between the Department of Correction and "Faith Works," a "faith-based program designed to meet the needs of individuals recovering from addiction to alcohol and other drugs," to operate a halfway house raises an Establishment Clause issue because Faith Works …
Article • May 15, 2007
Immediate Appeal Allowed of Class Certification Ruling by The appeals court granted defendants' request for discretionary appellate review of class certification under Rule 23(f), Fed.R.Civ.P., for two reasons. The class certification turned a $200,000 dispute into a $200 million dispute, which might induce a substantial settlement even if the claim …
Article • May 15, 2007
Seventh Circuit Affirms Dismissal of Blind Prisoner's Failure to Protect Suit by The legally blind plaintiff sued under the ADA and the Constitution, alleging that inter alia the defendants had double celled him with other prisoners who verbally and physically assaulted him and stole from him. His attorney, in a …
Article • May 15, 2007
No Right to Have Crimes by Guards Investigated or Prosecuted by The plaintiff alleged that Erie County, its Sheriff, and its DA violated his rights by failing to prosecute two correctional officers who threatened him. It "is well settled that no private citizen has a constitutional right to bring a …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
Challenge to Legal Supplies Indigent Rule Dismissed by The plaintiff sought a writ of mandamus to order the state correction department to provide him and all other inmates legal materials on request, contrary to its policy that no one is considered indigent and eligible for free services until after 90 …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …
$825,000 Attorney Fee Award in Maine Strip-Search Settlement by In a class action strip-search case that settled for $3.3 million, a federal court in Maine awarded class counsel attorney fees totaling 25 percent of the settlement, or $825,000. The court directed counsel to provide documentation supporting accrued and projected litigation …
Article • May 15, 2007
$75,000 Nominal Damage Award Improper; Reduced to $1.00 by The Eighth Circuit Court of Appeals upheld a lower court's decision reducing a $75,000 nominal damages award to $1.00. On November 18, 1995, Jose Alonzo Corpus was arrested in Minnesota on an outstanding warrant. While being booked into jail, Corpus exchanged …
Article • May 15, 2007
9th Circuit Vacates Marshal's District-Wide Shackling Policy by The Ninth Circuit Court of Appeals vacated a district-wide California policy of requiring all federal pretrial detainees to wear shackles while making their first appearance before a magistrate judge. In April 2003, the United States Marshals Service for the Central District of …
Page 1532 of 2029. « Previous | 1 2 3 4 ... 1528 1529 1530 1531 1532 1533 1534 1535 1536 ... 2025 2026 2027 2028 2029 | Next »