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Article • May 15, 2007
Paralegal Ban Denies Effective Assistance of Counsel by The court of appeals for the Second circuit held that a New York prison policy denying a segregation unit/death row prisoner the ability to see paralegals employed by his attorney denied him effective assistance of counsel. The court denied prison officials qualified …
Article • May 15, 2007
Filed under: Mail, Postage
Postage Stamp Ban Permissible by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps. Court notes that indigent prisoners must be provided with some postage at state expense. Postage stamps were replaced by embossed envelopes. See: Kaestel v. Lockhart, 746 F.2d 1323 (8th …
Article • May 15, 2007
No Right to UNICOR Employment by The court of appeals for the Seventh circuit held that federal prisoners at Marion had no statutory right to employment within the prison or at UNICOR, the federal prison industries program. The court held that the Marion lockdown did not violate the religious rights …
Article • May 15, 2007
Opening Legal Mail Unconstitutional by The court of appeals for the Eighth circuit held that a practice of North Dakota prison officials of opening mail from attorneys that was marked "legal mail" violated due process. The court upheld the opening of non legal mail to prisoners in order to inspect …
Article • May 15, 2007
Women Prisoners Not Entitled to Work Release by The court of appeals for the Sixth circuit held that it does not violate the equal protection clause to ban women prisoners in Kentucky from work release facilities when male prisoners are allowed to use it. In doing so, the appeals court …
Article • May 15, 2007
Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded by Medical Co-Pay Challenge Dismissed, Denial of Medication & Surgery Remanded The court of appeals for the Ninth circuit held that a challenge to a Nevada prison policy charging prisoners $3 each time they sought medical attention was frivolous where …
Article • May 15, 2007
State Liable for Attorney Fees in Beating Suit by The court of appeals for the Eleventh circuit affirmed $1,500 in compensatory and $25,000 in punitive damages awarded to a Florida prisoner who was beaten and kicked by prison guard interrogators. District court refused to award attorney fees under 42 U.S.C. …
Article • May 15, 2007
Suspicionless Car Searches of Prison Visitors Upheld by The court of appeals for the Tenth circuit upheld a roadblock by Oklahoma state police and prison officials that led to the suspicionless car searches and dog sniffs of all prison visitors seeking access to prison. Court upheld the strip search of …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Prisoner Strip Searches Upheld by The courts of appeal for the Eighth and Ninth circuit's upheld Iowa and Arizona prison policies of visually strip searching all prisoners in ad seg entering or leaving their cells. All circuit courts to consider this issue have upheld the visual strip searches of prisoners. …
Article • May 15, 2007
Filed under: Visiting
Denial of Visits Upheld by The court of appeals for the District of Columbia circuit upheld the permanent denial of visits between a DC prisoner husband and his wife after the wife was caught attempting to smuggle marijuana into prison. See: Robinson v. Palmer, 841 F.2d 1151 (DC Cir. 1988).
Article • May 15, 2007
Filed under: Searches, Drug Testing
Urine Testing for Drugs Upheld by The court of appeals for the Eighth circuit upheld the random urine drug testing, using the EMIT system, of Nebraska prisoners against a variety of challenges. All courts to consider the issue have upheld the urine testing of prisoners against a variety of challenges. …
Article • May 15, 2007
Mandatory AIDS Testing Upheld by The court of appeals for the Tenth circuit upheld an Oklahoma prison policy of subjecting prisoners to mandatory AIDS testing and punishing prisoners who refuse to submit to the tests. See: Dunn v. White, 880 F.2d 1188 (10th Cir. 1989).
Article • May 15, 2007
Filed under: Family, Mothers in Prison
No Right to Breastfeed by The court of appeals for the Fifth circuit held that neither a woman prisoner nor her child had any right to breastfeed the child while she was imprisoned. See: Southerland v. Thigpen, 784 F.2d 713 (5th Cir. 1986).
Article • May 15, 2007
No Right to Family Visits by The court of appeals for the Second circuit held that New York prisoners have no right to participate in a family (AKA conjugal) visiting program. Prisoners have a right to marriage but not to marital privacy. All courts to consider this issue have concluded …
Article • May 15, 2007
No Right to Personal Nude Photos by The court of appeals for the Second circuit held that New York prisoners have no right to receive personal nude photos. There is a circuit split on this issue. This ruling (and prison policy) does not apply to commercial nude photos or pornography. …
Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …
Fifth Circuit Affirms, Remits TDCJ Employee's Damages Award by The U.S. Fifth Circuit Court of Appeals affirmed in part, remitted in part, and reversed in part the damages awarded to an employee of the Texas Department of Criminal Justice (TDCJ) in a sex and race discrimination lawsuit. TDCJ employee Beverly …
Article • May 15, 2007
District Court Approves Victim Impact Evidence in Death Penalty Cases by The Federal District Court for the Middle District of Pennsylvania, upheld the Federal Death Penalty Act as constitutional and approved, with restrictions, the use of victim impact evidence in a federal death penalty case. Michael J. O'Driscoll, a federal …
Denial of Continuance on Summary Judgment Proper, Summary Judgment Improper by The U.S. Eleventh Circuit Court of Appeals held that a Florida federal district court's denial of a Florida Department of Corrections (DOC) prisoner's motion to stay consideration of DOC defendants' motion for summary judgment was not abuse of discretion. …
Officers' Convictions Upheld, One Case Reversed for Sixth Amendment Violation by The U.S. Fourth Circuit Court of Appeals upheld all but one conviction of former law enforcement officers for violating an arrestee's federal civil rights, obstruction of justice, and witness tampering. The court reversed one conviction for violation of the …
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