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Article • May 15, 2007
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Article • May 15, 2007
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Article • May 15, 2007
Dismissal Of § 1983 Religious Name Change Claims Vacated by The U.S. Eighth Circuit Court of Appeals vacated and remanded a district court's dismissal of prisoners' § 1983 claims challenging refusal of the Arkansas Department of Corrections (ADC) to acknowledge their Islamic names. Plaintiffs, Arkansas state prisoners who converted to …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
Publication, Postage Stamp Ban States Claim by The Second Circuit Court of Appeals held the rejection of a prisoner's publication and refusal to allow him to receive postage stamps through the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton …
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Article • May 15, 2007
Florida Statute Decreasing Gain-Time Award Unconstitutional by The Supreme Court of Florida held that a revised gain-time statute was Constitutional as to increased gain-time award, but violated ex post facto as to decreased gain time award. Donald Waldrup, a Florida state prisoner sentenced to 15 years for 1980 and 1982 …
Work Release Removal May State Claim by The Seventh Circuit Court of Appeals held a prisoner's complaint that alleged due process and. equal protection claims relative to his removal from work release stated a claim. The civil rights action filed by a prisoner held at Illinois' Stateville Correctional Center sought …
Article • May 15, 2007
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Due Process Required In Florida Forfeiture Actions by The Supreme Court of Florida held that the Florida Contraband Forfeiture Act (FCFA) was constitutional as long as it was applied in comportment with state due process requirements. After his arrest on drug trafficking charges, the state initiated forfeiture proceedings against Charles …
Article • May 15, 2007
Former Prisoner Paralegal's Entry Into BOP Upheld by The Circuit Court of Appeals for the District of Columbia held that the Bureau of Prisons (BOP) may prohibit a former prisoner with a record of disruptive proclivities from entering BOP prisons as a paralegal to interview prisoners. This action was brought …
Article • May 15, 2007
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim by In this brief opinion, the U.S. Fifth Circuit Court of Appeals held that Muslim prisoners who brought a civil rights suit against prison officials for allegedly forcing them to handle pork stated a claim upon which relief could be granted. …
Article • May 15, 2007
Prisoner's Dismissed § 1983 Complaint Reversed in Part by Prisoner's Dismissed § 1983 Complaint Reversed in Part The U.S. Ninth Circuit Court of Appeals reversed in part a California state prisoner's 42 U.S.C. § 1983 complaint dismissed by a federal district court. California prisoner Alvin Ronnel Ross sued state prison …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Article • May 15, 2007
Drug Addicted WA Prisoners not Entitled to Treatment by The Washington Supreme Court held that state prisoners do not have a constitutional right to treatment for drug addiction. Bradley Bresolin, a prisoner at the Washington State Penitentiary, filed a petition for writ of mandamus claiming that prison officials had breached …
Article • May 15, 2007
Alcoholic WA Prisoners not Entitled to Individualized Treatment by The Washington Supreme Court held that prisoners were not entitled to "individualized comprehensive treatment modalities" for alcoholism. Four prisoners at the Washington State Penitentiary filed petitions for writs of mandamus, claiming that state law guaranteed them the right to comprehensive alcoholism …
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