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Article • May 15, 2007
Black Voters' Disenfranchisement Claims Dismissed by The U.S. District Court for the Middle District of Tennessee dismissed claims by a black, Tennessee voter and a public interest law project that a Tennessee law disenfranchising convicted felons, Tennessee Code Annotated (T.C.A.) §2-19-143, violated neither the federal Voting Rights Act, 42 U.S.C. …
Article • May 15, 2007
Federal Death Penalty Held Unconstitutional by The United States District Court for the Southern District of New York has held that the Federal Death Penalty Act (FDPA), 18 U.S.C. §§ 3591-3598, is unconstitutional. Alan Quinones and Diego Rodriguez were charged with drug offenses and murder under various federal statutes. The …
Article • May 15, 2007
Prison Superintendents Not Dismissed from Female Prisoner's Sexual Assault Claim by Prison Superintendents Not Dismissed From Female Prisoner's Sexual Assault Claim The United States District Court for the Southern District of New York denied a motion to dismiss the Superintendent and an Assistant Superintendent from a complaint filed by a …
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
Article • May 15, 2007
South Dakota Prisons' Conditions of Confinement Are Unconstitutional by The U.S. District Court for the District of South Dakota, in a class action suit, found that the totality of conditions at the South Dakota State Penitentiary (SDSP) and in the Women's Correctional Facility (WCF) were so bad as to violate …
Article • May 15, 2007
Eighth Circuit Reverses South Dakota Prison Conditions Decision on Double Celling by The U.S. Eighth Circuit Court of Appeals, sitting en banc, reversed the U.S. District Court of South Dakota on the district court's order to end double celling at the South Dakota State Penitentiary (SDSP). Two classes of prisoners …
Article • May 15, 2007
Permanent Injury Not Required to State Excessive Force Claim by The Fifth U.S. Circuit Court of Appeals vacated and remanded a Texas U.S. District Court's dismissal of a state prisoner's claim that prison guards used excessive force against him. Thomas Luciano was a prisoner in the Texas Department of Criminal …
Article • May 15, 2007
Work Release Prisoners Are Employees Under Fair Labor Standards Act by The United States Fifth Circuit Court of Appeals, reversing a Louisiana U.S. District Court, held that in some situations a work release prisoner is an employee for purposes of the Fair Labor Standards Act (FLSA). Kevin Watson and Raymond …
Prisoner Cannot Be Punished for Engaging in Permitted Conduct by The U.S. Eighth Circuit Court of Appeals reversed and remanded a district court jury verdict in favor of a prison warden who punished a prisoner for engaging in conduct not prohibited by prison rules. Larry Coffman, a prisoner at Missouri …
Article • May 15, 2007
Damages Denied, Surgery Ordered in Prisoner Medical Claim by The U.S. Eighth Circuit Court of Appeals affirmed a Missouri District Court's denial of damages in a prisoner's 42 U.S.C. §1983 medical claim but reversed the denial of equitable relief. Van Johnson was a prisoner at the Missouri State Penitentiary (MSP). …
Sixth Circuit Reverses Summary Judgment on Prison Rape Case by The U.S. Sixth Circuit Court of Appeals reversed and remanded a district court's grant of summary judgment to Michigan prison officials in a suit brought by a prisoner claiming that officials were deliberately indifferent in allowing him to be raped …
Article • May 15, 2007
Prison Mattress Manufacturer Denied PI by The United States District Court for the Northern District of Indiana has denied a preliminary injunction (PI) to a manufacturer of prison mattresses against a competitor. Derby Industries, Inc. manufactures mattresses for prisons. One of its competitors is Chestnut Ridge Foam, Inc. Chestnut Ridge …
Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" by Qualified Immunity Denial Upheld, Punishment Requires "Some Evidence" The U.S. Eighth Circuit Court of Appeals upheld denial of summary judgment on qualified immunity grounds to prison officials who punished a prisoner without evidence of wrongdoing. David Engel, a prisoner at the …
Beating Damages Award Upheld, Case Remanded for Further Damages Consideration by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's findings in favor of a prisoner beaten by jail guards and the court's award of damages, but remanded the case for consideration of further damages. Marty O'Shea …
Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
Article • May 15, 2007
Sex Offender Registration Modified by The Michigan Department of State Police filed a motion to stay the judgment of the United States District Court, E.D. Michigan, Southern Division pending appeal to the Sixth Circuit Court of Appeals. The Dept. of State Police had been enjoined from enforcing the Sexual Offender …
Article • May 15, 2007
Nominal Damage Relief Does Not Warrant Attorney Fee Award by The U. S. District Court for the Eastern District of New York held that even though a prisoner was the "prevailing party" in a civil rights action, a verdict awarding only nominal damages did not warrant an attorney fee award …
Article • May 15, 2007
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney fee award under 42 U.S.C. § 1988 must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such …
Article • May 15, 2007
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Article • May 15, 2007
Prisoner Not Covered by Fair Labor Standards Act by The United States Court of Appeals for the Fourth Circuit held that prisoners are not covered by the federal Fair Labor Standards Act (FLSA), and they are not entitled to receive the minimum wage for work performed within a penal facility. …
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