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Article • May 15, 2007
Decision Enjoining New York DOC Beard Ban Vacated, Remanded by The United States Supreme Court vacated and remanded a Second Circuit ruling that enjoined the New York Department of Corrections (DOC) from enforcing a rule banning beards in excess of one inch in length against a Jewish prisoner. Yevgen Fromer, …
7th Circuit Upholds Dismissal Of Raped Prisoner's Eighth Amendment Claims by In this civil rights lawsuit brought by an Illinois prisoner who alleged prison officials violated his Eighth Amendment rights by failing to protect him from being raped and then by denying him prompt medical attention., the U.S. Seventh Circuit …
Article • May 15, 2007
Prevailing Party Entitled to Attorney Fees in Most Cases by The Washington Supreme Court held that a prevailing party in a 42 U.S.C. § 1983 action is generally entitled to attorney fees under 42 U.S.C. § 1988, unless special circumstances exist which would render the award of such fees unjust. …
Article • May 15, 2007
United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional by United States Supreme Court: Laws Prohibiting Homosexuality Are Unconstitutional In an historic 6-3 decision overturning legal precedents and numerous cultural presumptions, the United States Supreme Court held that laws prohibiting private, consensual sex acts between consenting adults of the same …
Article • May 15, 2007
New Jersey Supreme Court Orders Parole, Halfway House Placement by The Supreme Court of New Jersey ordered a prisoner to be released on parole after satisfactory completion of 12 months in a halfway house. Thomas Trantino, a New Jersey state prisoner, was convicted of murdering a police officer in 1963. …
New York DOCS Sick Leave Policy Violates ADA by The U.S. District Court for the Northern District of New York held that a New York Department of Correctional Services (DOCS) sick leave policy requiring employees to provide general diagnoses following certain absences from work violated the Americans With Disabilities Act …
PLRA: Exhaustion Of Nonexistent Administrative Remedies Not Required by The United States District Court for the District of Colorado held that class certification for prisoners suing a county jail for unconstitutional mental health care was inappropriate, and that the prisoners were not required to exhaust administrative remedies pursuant to the …
Fifth Circuit Reverses Dismissal of Suit Against Prison Contractor by The U.S. Fifth Circuit Court of Appeals held in an unpublished opinion that a prisoner's lawsuit against a private prison operator should not have been dismissed on Eleventh Amendment immunity grounds. While confined in a prison operated by Cornell Corrections …
Indiana's Habitual Offender Rule Questioned by Seventh Circuit by In an unpublished order by the U.S. Court of Appeals for the Seventh Circuit, a district court's denial of an Indiana prisoner's §2254 motion was vacated and court-appointed counsel was allowed to withdraw. Jerry Montgomery, an Indiana prisoner who had incurred …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • May 15, 2007
Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper by The Third Circuit Court of Appeals held the dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is improper. This action was filed by a Pennsylvania prisoner at a State Correctional …
Article • May 15, 2007
Minnesota Prison's Indigent, Legal Mail Policies Constitutional by The United States Eighth Circuit Court of Appeals held that a Minnesota prison's policy of providing indigent prisoners with writing materials and allowing them one free mailing per week for legal correspondence met constitutional standards. Jerry Wayne Smith, a Kansas state prisoner …
Article • May 15, 2007
Oregon Seizure of Punitive Damages for Victim Fund Upheld by The Oregon Supreme Court, sitting En Banc, held that Oregon's "split recovery" statute authorizing the State to seize 60 percent of all punitive damages awards does not violate the Oregon Constitution. Since 1987, ORS 18.540 has "directed that [60 percent] …
Article • May 15, 2007
Theft of Property During Search by Police Officer Actionable by The Seventh Circuit Court of Appeals held that a police officer may be sued for the theft of a soda pop during a search executed pursuant to a warrant. This action was filed by the owner of the Lone Mallard …
Article • May 15, 2007
Washington Public Disclosure Act: DOC Employee Evaluations Unavailable Absent Misconduct by Washington Public Disclosure Act: DOC Employee Evaluations Unavailable Absent Misconduct The Court of Appeals of Washington, Division 2, held that absent misconduct, a Washington Department of Corrections employee's personnel records were not disclosable under the Public Disclosure Act (PDA), …
Article • May 15, 2007
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
Article • May 15, 2007
New York Prison Beard Ban Unconstitutional, Enforcement Enjoined by The United States District Court for the Southern District of New York held that a New York Department of Corrections rule banning beards longer than one inch was unconstitutional as it applied to an Orthodox Jewish prisoner and enjoined the Department …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Article • May 15, 2007
District Attorney Must Pay $50,001 Damages; Seized Property Illegally Held by The U.S. Third Circuit Court of Appeals affirmed a $50,001 damages award against a Pennsylvania district attorney who illegally retained an arrestee's property. Frederick A. Brilla sued Washington County, Pennsylvania, District Attorney John Pettit under 42 U.S.C. §1983, claiming …
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