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Article • May 15, 2007
Limitations Period Tolled During Exhaustion Process by The plaintiff alleged serious injuries as a result of an assault by another prisoner. Defendants moved to dismiss on limitations grounds. Whether the limitations period is equitably tolled during exhaustion is determined by state tolling doctrines. There's no law directly on point in …
Visiting Denial to Colorado Sex Offender Who Refuses Treatment Upheld by The plaintiff, a convicted sex offender, challenged various measures taken against him for refusing to participate in a treatment program. The plaintiff's declaratory and injunctive claims were mooted by his release from prison. His damage claims were not moot, …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Pennsylvania Sex Offender Parole Denial Suit States Some Claims by The plaintiff, seeking to represent a class, complained that denying her parole and imposing other adverse consequences in prison because of her refusal to disclose her sexual history, possibly including uncharged criminal activity, in a sex offender program violated her …
79 Day Indiana Death Row Lockdown Upheld by The plaintiffs alleged that a 79-day lockdown of a death row unit after a death row prisoner was murdered during recreation violated their rights. Although the case was removed from state court, the district court holds it must screen it under 28 …
Jail Staff Not Liable for Violating No Contact Order by The female plaintiff had a court order barring Smith, the father of her child, who was in the Marathon, Wisconsin, jail for trying to have her murdered, from having any contact with her. She was then brought to the jail …
Article • May 15, 2007
Court Upholds Strip Search, Nudity During Urine Test by The plaintiff was strip searched and made to stand naked for 20 minutes in a bathroom stall until he produced a urine sample pursuant to a random drug-testing program. At 934 (citations omitted): In the context of body searches performed upon …
Article • May 15, 2007
Psychologist Who Prepares Parole Report Gets Judicial Immunity from Suit by The plaintiff alleged that he was denied parole based on a report by the defendant psychologist. The parole denial was later reversed in court. A private actor who conducts a psychological evaluation of a parole candidate on the order …
Article • May 15, 2007
IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …
Article • May 15, 2007
Fifth Circuit Upholds Damages in Strip Search Suit by The three plaintiffs (along with about 100 others) were detained for about three hours and strip searched during the execution of a search warrant at a night club. The strip searches were unlawful absent individualized reasonable suspicion or probable cause (the …
Article • May 15, 2007
Federal Parolee Can Challenge Forced Medication Release Condition by The district court imposed as a condition of supervised release after a prison sentence that the defendant take whatever psychotropic medications were prescribed by his treating physicians. The defendant's challenge to the restriction was ripe on direct appeal, even without evidence …
Article • May 15, 2007
Defendant Drugged for Federal Murder Trial by The criminal defendant, accused of killing two Capitol Police officers, was involuntarily medicated to render him competent to stand trial. The court holds that his progress, the reasonableness of the government's request for a six-month continuance, and the medical appropriateness of the treatment …
Article • May 15, 2007
Trial in Prison Clothes Harmless Error by At 879: "A prisoner may not be compelled to go to trial in prison clothing." But due process is satisfied if there is not actual compulsion; if the defendant doesn't object, he hasn't been compelled, and may also have waived the right to …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
Ohio Religious Grievance Process Doesn't Exhaust Claim by The plaintiff, who declared himself Jewish in prison, was denied various religious accommodations on the ground that he was "not Jewish enough." He used the general inmate grievance procedure, rather than the separate religious accommodation grievance procedure, and consequently did not exhaust. …
Article • May 15, 2007
Prison Officials Must Offer Evidence to Support Denial of Sukkot Booths by The plaintiff complained that the defendants interfered with his right to observe Sukkot in 1997 through 2000 by first failing to provide him with a Sukkah booth and then failing to secure the one they provided. (The chaplain, …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
Article • May 15, 2007
Virginia Jail Fees Upheld by The failure to transfer the plaintiff promptly to a prison from a local jail did not violate his rights, since an inmate has no constitutional right to be held in any particular prison. (805) Virginia's prison transfer regulations convey no liberty interest in a specific …
Article • May 15, 2007
Filed under: Excessive Force, Restraints
Indiana Handcuff Injury Suit Dismissed by The plaintiff refused to allow his handcuffs to be removed on re-entering his cell, so the defendant officers pulled his hands through the cuff port of the cell door and then removed the handcuffs, against the plaintiff's resistance, causing a cut to his left …
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