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Article • May 15, 2007
Limited Attorney Fee Award for Partial Victory by The U.S. District Court for the District of Minnesota has held that a plaintiff who successfully challenged a jail strip search policy was the "prevailing party" for purpose of an attorney fee award as outlined in 42 U.S.C.A. §1988. Plaintiff brought a …
Article • May 15, 2007
Mask May Be Required in Prisoner's Spitting Trial by An Illinois appeals court held that a prisoner charged with a criminal offense for spitting on a guard may be required to wear a mask at his trial. The prisoner was charged with aggravated battery after he spit in a guard's …
Article • May 15, 2007
NJ Parole Class Action Settled by A U.S. District Court for New Jersey held that a group of New Jersey state prisoners, who were seeking injunctive relief from the state's Parole Board for its consistent failure to conduct timely parole hearings, warranted certification as a class action for the purpose …
No Retroactive Application of Wolff or Landman by The U.S. Supreme Court held that two cases determining due process procedures in prison disciplinary cases could not be applied retroactively. A Virginia prisoner brought an action against prison authorities alleging due process violations after he was charged with disciplinary infractions and …
Article • May 15, 2007
Official Information Privilege Limited by Plaintiff brought a §1983 action against the city of San Bernadino, California and police officers alleging excessive use of force during an arrest. In U.S. District Court the plaintiff filed a motion for discovery requesting certain police records. Defendants claimed the requested material was, among …
Article • May 15, 2007
Ohio's Rape Shield Law Doesn't Shield Alleged Victim's Diary by The U.S. Sixth Circuit Court of Appeals has reversed a U.S. District Court's denial of a writ of habeas corpus, under 28 U.S.C. §2254, to an Ohio prisoner and remanded with instructions to issue a conditional writ of habeas corpus. …
Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied by Prisoner Awarded $130,000 in § 1983 Claim, JNWV Motion Denied Prisoner brought an action under 4.2 U.S.C. § 1983 against the Director of the Michigan DOC, a nurse supervisor and others after he was raped in a prison infirmary. …
Prisoner Not Retaliated Against, Whistleblower Claim Not Allowed by The U.S. Sixth Circuit Court of Appeals held that a Michigan state prisoner did not present sufficient evidence of retaliation to survive summary judgment, and refused to consider the prisoner's claim of whistleblower protection presented for the first time on appeal. …
Prisoner Prevailing Party, Awarded Attorney Fees by A mental patient imprisoned at a treatment center run by the Massachusetts DOC brought a § 1983 action alleging constitutional violations relating to, among other things, inadequate telephone privileges, right to unopened privileged mail and right to treatment. A Superior Court issued an …
Article • May 15, 2007
Filed under: Work, Prison Labor
Prisoner Union Entitled to Protection by A North Carolina federal district court held that prisoners may solicit membership into a prisoner "labor union." This action was filed by the North Carolina Prisoners Labor Union, challenging a prison regulation that prohibited prisoners from soliciting membership into the union. The district court …
Article • May 15, 2007
Prisoner's Haircut Raises Constitutional & Discovery Issues by Prisoner's Haircut Raises Constitutional & Discovery Issues The Sixth Circuit Court of Appeals affirmed the District Court's decision to allow defendants' second motion for summary judgment after their first motion was denied. Mark Lee Pollock sought to enjoin prison officials from cutting …
Article • May 15, 2007
Filed under: Family, Fathers in Prison
Segregated Prisoner Allowed Visits with His Children by A federal District Court in Wisconsin held that refusing to grant visitation with a prisoner's minor children was unconstitutional. A Wisconsin state prisoner filed a civil rights action challenging a prison's denial of visitation with his two minor children because he was …
Sixth Circuit Holds Prisoner's Access to Court Not Violated by Affirming a Tennessee federal district court decision, the U.S. Sixth Circuit Court of Appeals held that a state prisoner incarcerated in a private prison suffered no violation of his right to meaningful access to courts. Danny Ray Thomas is a …
Summary Judgment Partly Reversed for Refusing Amended Complaint Filing by The U.S. Ninth Circuit Court of Appeals has reversed an Arizona federal district court for refusing to allow a federal prisoner to file an amended complaint. Michael Satz, a prisoner in the custody of the Bureau of Prisons (BOP), was …
Article • May 15, 2007
Summary Judgment Reversed on Former Prisoner's Gender Dysphoria Claim by The Ninth U.S. Circuit Court of Appeals, in a split decision, reversed a grant of summary judgment to California prison officials in a claim brought by a former state prisoner alleging that officials were deliberately indifferent to her gender dysphoria. …
Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Article • May 15, 2007
Filed under: Sentencing, Parole
Colorado DOC Miscalculates Parole Eligibility Date by The Colorado Court of Appeals has found that the Department of Corrections (DOC) miscalculated a prisoner's sentence reduction credits for crimes committed before the 1979 change in law. Ronald Vashone-Caruso, in his fourth decade of a 94 years-to¬-life sentence, sought a declaratory judgment …
Disciplinary Findings Do Not Preclude Subsequent Factual Litigation; QI Denied by A Federal District Court in Michigan has held that findings made in prisoner disciplinary hearings should not be given preclusive effect when litigating factual issues in § 1983 claims. Qualified immunity was denied as untimely. Arthur Johnson claimed James …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
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