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No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
No Qualified Immunity for Failing to Protect Jail Prisoner by The court of appeals for the Third circuit held that jail officials were not entitled to qualified immunity for failing to protect a pretrial detainee from harm by other prisoners. The plaintiff was detained for traffic violations and placed in …
Article • May 15, 2007
Restitution Allowed in Prison Killing by BOP Prisoner in Illinois convicted of killing another prisoner challenged court ordered restitution for the victim's funeral, etc., pursuant to 18 U.S.C. § 3579(b)(B). The court rejected his argument that restitution was inappropriate because the murder saved the government the cost of housing and …
Article • May 15, 2007
Inspection of Outgoing Legal Mail Upheld by The court of appeals for the Ninth circuit upheld a Nevada prison practice of inspecting, but not reading, mail prisoners sent to the state attorney general's office for offensive and dangerous materials. See: Witherow v. Paff, 52 F.3d 264 (9th Cir. 1995).
Article • May 15, 2007
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Article • May 15, 2007
Disciplinary Finding Must Give Evidence Relied On by The court of appeals for the Seventh circuit held, in this Wisconsin case, that prison disciplinary hearing committees must give a statement of the evidentiary basis for finding a prisoner "guilty" of disciplinary charges. Court discusses the right and importance of such …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Court Orders Force Feeding of Hunger-Striker by A federal district court in New York granted a motion by the BOP to allow them to force feed a civil contemnor on hunger strike. Note that some state courts have held prisoners have a state constitutional right to refuse force feeding while …
Article • May 15, 2007
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Article • May 15, 2007
Prisoners Have No Right to Give Legal Assistance by The court of appeals for the Eighth circuit held that a North Dakota prisoner had no right to provide legal assistance to other prisoners. There is a circuit split on this issue. See: Gassier v. Rayl, 862 F.2d 706 (8th Cir. …
Article • May 15, 2007
Vegetarian Diet Required for Seventh Day Adventist by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit seeking a vegetarian diet to accommodate his Seventh Day Adventist beliefs. Prison official's claims vegetarian diets are not nutritionally adequate. Prisoner presented …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Article • May 15, 2007
Charges Alone Don't Justify Ad-Seg for Detainees by A federal district court in New York held that there was no reason to keep mafia boss John Gotti in ad seg pending trial solely because he was accused of witness tampering and murder. Court ordered the defendants released into the jail's …
Article • May 15, 2007
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Article • May 15, 2007
Right to Attorney Contact Visits by The court of appeals for the Ninth circuit held that Arizona prisoners and attorneys have a court access right to contact visits. Denial of contact visits inhibits effective attorney-client communication. See: Ching v. Lewis, 895 F.2d 608 (9th Cir. 1990).
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
Article • May 15, 2007
Jury Instructions on Eighth Amendment Claim by The court of appeals for the Eighth circuit held that a district court erred in sua sponte awarding nominal damages to a Missouri prisoner after a jury found his Eighth amendment rights had been violated by a guard who slammed a food service …
Article • May 15, 2007
Denial of Newspaper and Medical Care States Claim by The court of appeals for the Fifth circuit held that a district erred in denying IFP status to a federal pretrial detainee in Texas who claimed he was denied medical attention following his arrest. The plaintiff also claimed the jail banned …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Prisoners Retain Some Right to Bodily Privacy by The court of appeals for the Sixth circuit held that a Michigan prisoner had stated a claim for violation of his religious right to "modesty" in challenging a prison practice of giving women guards full access to a men's prison where they …
Article • May 15, 2007
Prevailing Pro Se Prisoners Entitled to Costs, But Not Fees by Successful pro se prisoner litigants are entitled to costs under FRCP 54(d). They are not entitled to attorney fees under 42 U.S.C. § 1988. A Female prisoner in Missouri and prison employee she later married filed suit claiming they …
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