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Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict by Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict Upheld The Fourth Circuit Court of Appeals held a district court properly applied a subjective and objective test to determine a defendant's good …
Article • May 15, 2007
No Liability for Jail Bunk Assignment Policy by The Seventh Circuit Court of Appeals held that prison officials cannot be liable for an unfortunate random act of violence. This action was filed by a pre-trial detainee at Indiana's LaPorte County jail, alleging jail policy resulted in his being attacked by …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
Article • May 15, 2007
Minimum Wage Provisions Apply to Prisoners Employed by Community College by The Second Circuit Court of Appeals held that the status of being a prisoner does not exclude the prisoner from being entitled to minimum wage for employment services by non-prison employers. This action was filed by a New York …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Criminal Restitution Order Non-Dischargeable Through Bankruptcy by The First Circuit Court of Appeals has held that a criminal restitution order is not dischargeable under bankruptcy. The appellant in this case was convicted of embezzlement and ordered by an Illinois court to pay $104,000 restitution in lieu of a prison sentence. …
Article • May 15, 2007
Filed under: Damages, Media, Censorship
Damage Award for Restriction on Political Speech Upheld by The Court of Appeals for the Seventh Circuit affirmed an Illinois district court's order finding a city ordinance limiting door-to-door solicitation between 9 AM and 5 PM violated the First Amendment and awarding $8,300 in damages for the violation. The court …
Denial of Class Certification in Pennsylvania Conditions Suit Reversed by The Third Circuit Court of Appeals has held that a district court properly denied three prisoners' Eighth Amendment claim of unconstitutional conditions at the State Correctional Institute at Graterford, Pennsylvania, but erred in denying class certification and ruling on the …
Article • May 15, 2007
Denial of Good Conduct Credit Ex Post Facto by Massachusetts state prisoner Ronald Greenfield was sentenced to 5-7 years incarceration in 1962. In 1965, the law concerning the awarding of credits for good conduct was amended to prohibit such credits for persons who violate parole and are re-incarcerated. Greenfield violated …
Article • May 15, 2007
Denial of Orthopedic Shoes for 21 Months Defeats Summary Judgment by An Oregon federal district court has held that prison officials at the Snake River Correctional Center could be liable for delaying adequate treatment of a prisoner's spastic paralysis, which resulted in a chronic case of claw foot. The prisoner, …
Article • May 15, 2007
Directed Verdict of Prisoner's Failure to Treat Medical Need Claim Reversed by The Eleventh Circuit Court of Appeals reversed a district court's grant of a directed verdict on a prisoner's Eighth Amendment claim of denial of medical treatment. The suit was brought against officials at the Georgia State Prison and …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
Closure of Pennsylvania Prison Legal Clinic Enjoined by A Pennsylvania federal district court held that prison officials intent to close the Para-Professional Law Clinic (PPLC) at the State Correctional Institution in Graterford would violate prisoners' right to meaningful access to the courts. The PPLC is a non-profit corporation that has …
Article • May 15, 2007
DNA Collection From Prisoner Constitutional by The Fifth Circuit Court of Appeals held that the collection of DNA Samples from felons pursuant to a state statute does not violate the Fourth Amendment. This action, filed by a Texas prisoner, sought damages and injunctive relief, including deletion of his DNA sample …
Article • May 15, 2007
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
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