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Article • May 15, 2007
Ban on "Communist Political Propaganda" Violates First Amendment by Ban on "Communist Political Propaganda" Violates First Amendment The U.S. Supreme Court held that the First Amendment is violated by a statute requiring postal service officials to detain and destroy unsealed mail from foreign countries determined to be communist political propaganda …
Article • May 15, 2007
Cause Of Action For Monetary Damages Available Under Montana Constitution by The Montana Supreme Court held that the Montana Constitution provided a cause of action for money damages for certain violations of rights guaranteed by the state constitution and that qualified immunity was not available for those committing such violations. …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Article • May 15, 2007
Attorneys Not Entitled To Meet With Cooperating Witnesses by The U.S. Seventh Circuit Court of Appeals held that a legal aid organization and its potential clients (witnesses who were cooperating with. police) had no right requiring the police to inform the client that an attorney representing them was at the …
Article • May 15, 2007
Social Security Benefit Suspension For Civilly Committed Upheld by The Third Circuit Court of Appeals held that Social Security benefits may be suspended to a person confined "in connection with" a prior Not Guilty by Reason of Insanity (NGRI) verdict. The claimant was found by a jury to be NGRI …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
Fact Issues Preclude Summary Judgment Of Prisoner's Sixth Amendment Claim by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's claim against prison officials for allegedly violating his Sixth Amendment right to self-representation. In 1976, Nevada state prisoner James …
Transferred Prisoner States Claim As To Legal, Indigent Mail Policies by The United States Eighth Circuit Court of Appeals held that a prisoner's 42 U.S.C. § 1983 action against prison officials stated a claim as to prison policy of not providing free postage or writing supplies for legal correspondence, forbidding …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Article • May 15, 2007
Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act by Massachusetts Prisoner Sufficiently Alleges Violations Of State Civil Rights Act The Appeals Court of Massachusetts, Suffolk, held that a prisoner sufficiently alleged violations of the state constitution by prison officials but lacked standing to pursue a federal civil rights …
Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
Ohio Affords Right To Be Represented In Parole Hearings by The United States District Court for the Southern District of Ohio held, among other things, that issues of fact--whether the Ohio Parole Authority's failure to notify a state prisoner or his attorney of the date of a parole hearing violated …
Article • May 15, 2007
Required DNA Submission Under Patriot Act Constitutional by The U.S. District Court for the District of Kansas held that the relevant portions of the Patriot Act, which require persons convicted of various felonies to submit a DNA sample for inclusion in the FBI's Combined DNA Index System (CODIS) database, were …
Article • May 15, 2007
Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action by Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action The United States District Court for the Central District of California, in ruling on a novel issue in the Ninth Circuit, held that a plaintiff in a …
NY DOCS Policy Possibly Violates ADA Prohibition Against Disability Inquiry by The U.S. Court of Appeals for the Second Circuit held that a New York Department of Correctional Services (DOCS) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Tenth Circuit: Indigent Plaintiffs Not Responsible For Service by The U.S. Court of Appeals for the Tenth Circuit held that when plaintiffs were granted in forma pauperis status, the district court was obligated to serve process for them. Plaintiffs Tom and Naomi Olsen brought action in the U.S. District Court …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Article • May 15, 2007
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings by The U.S. Supreme Court held that a Pennsylvania prisoner had no constitutional right to court appointed counsel in postconviction proceedings nor was counsel required to comport with Anders procedures when withdrawing. A Pennsylvania trial court convicted Dorothy Finley of …
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