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Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Article • May 15, 2007
Harassment in Cell Searches Not Permitted by The U.S. Fourth Circuit Court of Appeals reversed and remanded the U.S. District Court of Virginia in a cell shakedown case involving destruction of a prisoner's personal property and legal material. Russell T. Palmer, Jr., a prisoner at the Bland Correctional Center in …
Article • May 15, 2007
Filed under: Searches, Cell Searches
Fourth Circuit Affirms No Privacy Right in Cell Searches by Virginia prisoner Russell Palmer sued Bland Correctional Center guard Ted S. Hudson for civil rights violations in intentionally searching his cell and maliciously destroying his property and legal work. The district court granted summary judgment to the officer, holding Palmer …
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
Article • May 15, 2007
Prisoners Have Right to Correspond and Marry by The U.S. District Court for the Western District of Missouri, in a class-action suit under 42 U.S.C. §1983, held that the Missouri Department of Corrections (DOC) policies prohibiting prisoner-to-prisoner correspondence and generally prohibiting prisoners from getting married, violated fundamental constitutional rights. The …
Article • May 15, 2007
Third Circuit Holds Right to Jumu'ah Services Outweighs Security Concerns by Reversing the District Court of New Jersey, the U.S. Third Circuit Court of Appeals held that material questions of fact precluded dismissal of prisoner-plaintiffs' claims that the New Jersey State Prison at Leesburg ("Leesburg") unfairly infringed on the constitutional …
Article • May 15, 2007
Supreme Court: Aliens Can Be Held Without Bail Pending Deportation by Supreme Court: Aliens Can Be Held Without Bail Pending Deportation The United States Supreme Court held 6-3 that provisions of the Immigration and Nationality Act (INA) limiting judicial review of the United States Attorney General's (AGs) discretionary decisions to …
Article • May 15, 2007
Kansas Open Records Act Requires DOC to Disclose Parolee Info To Public by The Kansas Supreme Court held that the Kansas Open Records Act (KORA) requires that state's Department of Corrections (KDOC) to provide certain parolee supervision information to requestors. In doing so, that court narrowly construed KORA's "supervision history" …
Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke Iowa Sued Over Proselytizing Fundamentalist Christian Prison Program by Matthew T. Clarke On February 13, 2003, Americans United for Separation of Church and State (AUSCS) filed two lawsuits in federal court, under 42 U.S.C. § 1983, against officials …
Article • May 15, 2007
Jail Grievance Procedure Not Available to New York State Prisoner by A federal court in New York held that a prisoner who was transferred from a jail to prison prior to bringing an action against jail officials did not fail to exhaust available administrative remedies, because the jail's grievnace procedure …
$279,000 Harassment Award Upheld in Missouri Nurses' Suit by The Eighth Circuit Court of Appeals upheld judgment against Missouri Department of Corrections (MODOC) officials in favor of nurses who sued for retaliation and sexual harassment. The court also upheld attorney fee awards. Rebecca Hunt and Susan Nurnberg were recruited by …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Article • May 15, 2007
$300,000 Settlement in Iowa Jail Detainee's Suicide by On March 21, 2003, the estate of David Price settled a lawsuit against the Black Hawk County jail in Iowa for $300,000. On December 17, 1997, Price hanged himself in his jail cell with a bed sheet. Price had been diagnosed as …
No Qualified Immunity for Guards Who Seized Prisoner's Legal Papers by The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment in favor of prison guards who had confiscated a prisoner's legal papers as an alleged act of retaliation for the prisoner's exercise …
Article • May 15, 2007
Filed under: Medical, Medication, Blood, Stroke
Washington DOC Settles Stroke Suit for $111,000 by The Washington Department of Corrections agreed to pay $111,000 to settle a prisoner's lawsuit in which he claimed to have suffered permanent injuries after DOC doctors discontinued his heart medication. The settlement was finalized on October 22, 2002 in the Snohomish County …
Fifth Circuit Reverses Beaten Louisiana Prisoner's $1.5 Million Jury Award by The U.S. Court of Appeals for the Fifth Circuit reversed the award of $1.5 million to a beaten prisoner by a federal jury, granting the defendants a new trial on damages. John Poullard, a Louisiana state prisoner, sued guards …
Weekends and Holidays Excluded from FRCP 6(a) 10-Day Deadline by The Ninth Circuit Court of Appeals held Fed. R.Civ.P. 6(a) excludes Saturday, Sunday and legal holidays when computing time periods of less than 11 days. This action, which was brought by female employees in Washington alleging discrimination on the basis …
Interpreters Provided For MD Deaf Prisoners in Consent Decree by A Maryland federal district court approved a consent decree that agrees to provide and compensate qualified sign language interpreters for deaf prisoners. The agreement provides Maryland deaf prisoners will be advised of their right to a qualified sign language interpreter …
Article • May 15, 2007
Police Officer May Be Liable for Failing to Disclose Exculpatory Evidence to Prosecutor by Police Officer May Be Liable For Failing to Disclose Exculpatory Evidence to Prosecutor The Fifth Circuit Court of Appeals held a police officer can be liable under 42 U.S.C. § 1983 claims of false detention and …
Article • May 15, 2007
Sixth Circuit Upholds $54,750 ETS Damage Award by The Sixth Circuit US Court of Appeals upheld the district court's bench trial findings of fact and law, $54,750 damages award and $51,786 attorney fees award in a state prisoner 42 U.S.C. § 1983 civil rights suit claiming injury from environmental tobacco …
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