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No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Article • May 15, 2007
Oregon DSU Conditions Unconstitutional by An Oregon federal district court, after trial and personally visiting the Disciplinary Segregation Unit (DSU) at Oregon State Prison, held DSU conditions are unconstitutional. A prisoner confined to the DSU, who gained 60 pounds while in DSU, has a recorded medical history of hypertension, epilepsy, …
Article • May 15, 2007
Prison Officials Entitled to Qualified Immunity for Interfering With Mail by The Supreme Court ruled that prison officials are immune to liability for damages under 42 U.S.C. § 1983. The suit was brought be a California prisoner alleging that prison officials violated his First and Fourteenth Amendment rights by negligently …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Article • May 15, 2007
Washington: Jail Suicide Results In $150,000 Award by On July 8, 2002, a jury in King County, Washington awarded $150,000 to the estate and daughter of a prisoner who committed suicide while imprisoned in the Auburn City Jail. Sandra Farms, 39, was arrested by Auburn City Police on January 6, …
Article • May 15, 2007
Indiana Arrestee Strip Searches Unconstitutional by The Supreme Court of Indiana held that routine warrantless strip searches of misdemeanor arrestees, even when incident to lawful arrests, are violative of the Indiana Constitution and the Fourth Amendment. This criminal case was before the court on a motion to suppress cocaine found …
Supreme Court Holds Retaliation Claim Requires "But For" Test by Supreme Court Holds Retaliation Claim Requires "But For" Test The U.S. Supreme Court has held in a teacher's suit, which sought reinstatement and damages, for the failure to rehire him in retaliation for engaging in speech protected by the U.S. …
Article • May 15, 2007
US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected by US Supreme Court Held Prisoners And Mental Patients Have Due Process Right To Be Protected The Supreme Court held that a State's failure to protect an individual against private violence, generally does not constitute …
Article • May 15, 2007
US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Reliefli by US Supreme Court Held That Officials Are Not Qualifiedly Immune From Injunctive And Declaratory Relief The US Supreme Court held that Public Officials are not immune from damages when they violate clearly established constitutional …
Former Guard's Sexual Harassment Suit Against CCA Dismissed by The United States District Court for the District of Columbia held that a former guard suing CCA of Tennessee under the District of Columbia Human Rights Act (DCHRA) had not proven she was subjected to a hostile work environment, that lack …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Article • May 15, 2007
Filed under: Family, Family Law
Nevada: Imprisonment Is Affirmative Defense To Felony Nonsupport by The Supreme Court of Nevada held that a father's imprisonment was an affirmative defense for nonpayment of child support but that a jury was justified in rejecting it. Paul Sanders was charged with failure to pay child support for a 33 …
Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Article • May 15, 2007
Second Circuit Grants Plaintiff IFP Status by The U.S. Second Circuit Court of Appeals held that a pro se plaintiff seeking to file civil rights actions should have been permitted to proceed in forma pauperis. Carl Potnick sought to file two pro se civil rights actions in district court and …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Overcrowding, Bad Prison Conditions Enjoined by The court of appeals for the eighth circuit held that a district court erred when it dismissed a suit against a an Arkansas county jail. The court held the plaintiffs had presented sufficient evidence of a deficient diet, overcrowding, inadequate excercise, and forced exposure …
Article • May 15, 2007
Prisoner Conviction Upheld For Constructive Possession Of Weapon In Cell by The Indiana Court of Appeals upheld Fulton County prisoner Kristopher Abney's conviction for possessing material capable of causing bodily injury and affirmed his seven-year DOC sentence. Abney was found guilty at a jury trial and he appealed the conviction …
Article • May 15, 2007
Washington: Arrest For Tape Recording Police Unconstitutional, Police Liable by The U.S. Ninth Circuit Court of Appeals held that Washington State Patrol officers unconstitutionally arrested a man for tape recording them during a traffic stop and that the officers were not entitled to qualified immunity. Tony Alford was pulled over …
Sixth Circuit Affirms Summary Judgment Against Injured Prisoner by The U.S. Sixth Circuit Court of Appeals affirmed summary judgment granted by the U.S. District Court, Middle District of Tennessee, against a state prisoner stabbed by other prisoners. Harvey Hester, a Tennessee prisoner, sued Jack Morgan, warden of the Turney Center …
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