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Article • May 15, 2007
Idaho DOC/Employer not Liable for Negligently Supervising Probationer by The Idaho Supreme Court held that the state Department of Corrections ("DOC") and the private employer of a probationer were not responsible for the rape and murder committed by the probationer. In 1994, Corey Hood was convicted of statutory rape, sentenced …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis for Adoption by The Oregon Court of Appeals held that a parent's incarceration, by itself, does not provide a sufficient basis to adopt his or her child without consent. In 1998, Daniel M. Moran was incarcerated for being a felon in possession of a …
Article • May 15, 2007
Incarceration Alone Does not Provide Basis to Terminate Parental Rights by The Utah Court of Appeals held that a parent's incarceration alone is insufficient to terminate his or her parental rights. T.B. was incarcerated for most of his daughter D.B.'s life. As a result, D.B. was placed with a foster …
COA Denied; No Due Process Violation in Repeal of Credits by The U.S. Tenth Circuit Court of Appeals denied a state prisoner a certificate of appealability (COA) on a federal district court's denial of habeas corpus relief under 28 U.S.C. §2241, holding that the prisoner's due process rights were not …
Article • May 15, 2007
Award of Nominal Damages Only Affirmed in Excessive Force Suit by The U.S. Second Circuit Court of Appeals affirmed a district court's denial of a plaintiff's motion for new trial following a jury's award of only nominal damages against prison guards charged with use of excessive force on the prisoner-plaintiff. …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
Article • May 15, 2007
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
$217,500 Paid in WA DOC Sexual Harassment Claim by Kathleen Lane was an employee of the Washington DOC in August of 1988 when raped and assaulted by one of her co-workers, Charles Beeman, at the WSR in Monroe, Wa. She filed criminal charges and reported the rape to supervisors. The …
Article • May 15, 2007
Brother Sentenced in Attempted Escape of Federal Prisoner by The United States District Court of New Mexico sentenced Adalberto Nava-Sotelo, alias Robert Montoya and El Guero, in the attempted escape of his older brother Oswaldo Nava-Sotelo, a prisoner in federal custody. On May 8, 2001, Adalberto Nava-Sotelo drove from his …
Article • May 15, 2007
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Article • May 15, 2007
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Article • May 15, 2007
Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed by Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed The U.S. Ninth Circuit Court of Appeals reversed a California federal district court's dismissal of a state prisoner's civil rights complaint, holding that the lower court erred in denying the prisoner …
Article • May 15, 2007
Filed under: Venue, Media, Censorship, Internet
District Court Reversed; Warden's Defamation Suit Ordered Dismissed by The U.S. Fourth Circuit Court of Appeals, reversing the U.S. District Court, Western District of Virginia, held that Connecticut newspapers sued by a Virginia prison warden for defamation and libel after posting allegedly defamatory articles on their websites did not manifestly …
Article • May 15, 2007
Illinois Prisoner Entitled to $5 Per Diem Against Fine; Court Has No Authority to Withhold Corrections Wages by The Illinois Fourth District Court of Appeals held a trial court does not have authority to withhold a prisoner's monthly corrections income, and a prisoner is entitled to a $5 per diem …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
Article • May 15, 2007
Mentally Ill PA Prisoner Forced to Accept Medical Treatment to Prevent Death by The Commonwealth Court of Pennsylvania held a prisoner may be force fed to prevent him from starving to death. The prisoner, who was being held at the Fairview State Hospital for treatment of borderline personality Disorder, stated …
Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …
Article • May 15, 2007
Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …
Article • May 15, 2007
Punitive Damages Cannot be Imposed Against Municipality by The U.S. Supreme Court held a municipality may not have punitive damages imposed against it in a 42 U.S.C. § 1983 action. This action was initiated against city commissioners and the City of New Port, Rhode Island, after the commissioners violated a …
Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape by Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape The First Circuit Court of Appeals affirmed the conviction of a Puerto Rico Federal Bureau of Prison guard's conviction …
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