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Article • May 15, 2007
Denial of Class Certification Reversed by The Sixth Circuit Court of Appeal held that a district court used the wrong standard in denying class certification and remanded for consideration of the detainees' First Amendment claim. This action was filed by pretrial detainees at Tennessee's Warren County Jail, alleging constitutional violations …
Article • May 15, 2007
Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation by Broader than Necessary Jury Instruction Requires Reversal in Prisoner's First Amendment Violation Claim The Fourth Circuit Court of Appeals held that it was a reversible error to give a jury instruction requiring that any prison restriction be …
$125,000 Awarded in Illinois Prisoner's Rape; Jury Instruction Explaining Directed Verdict Harmless by $125,000 Awarded in Illinois Prisone's Rape; Jury Instruction Explaining Directed Verdict Harmless The Seventh Circuit of Appeal upheld a jury instruction that explained the directed verdict in favor of the supervisory defendants, and held that even if …
Article • May 15, 2007
Escape Triggers Texas Statute of Limitations for Civil Case Filing by The Fifth Circuit Court of Appeals has held that a prisoner's escape lifts his disability to allow the statute of limitations to run for the filing of a tort suit. This action was filed by Texas a prisoner, alleging …
Article • May 15, 2007
$380 Awarded for Fall from NYDOCS Transport Van by A New York state court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380 on October 21, 2004. …
Article • May 15, 2007
Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions by Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions The Eighth Circuit Court of Appeals has held that a pharmacist's refusal to fulfill a prescription issued by a doctor to treat a prisoner disentitles …
Article • May 15, 2007
Kansas Parolee-Supervision-Fee Upheld by Jospeph Jacklovich, a Kansas state parolee, challenged a $25 per month parolee-supervision-fee, implemented after his crimes were committed, in state court. His claim was that the fee increased the punishment for his crimes retrospectively, thus violated the ban on ex post facto laws. The trial court …
Article • May 15, 2007
Filed under: Mail, Legal Mail
New York Prisoner's Interference-With-Legal-Mail Claim Improperly Dismissed by Garrick John, a New York state prisoner, sued the state Department of Corrections and its guards on several legal theories in federal district court. He moved the district court for leave to amend to avoid dismissal for failure to state an actionable …
Article • May 15, 2007
Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action by Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action The Second Circuit Court of Appeals held that a prisoner seeking damages for a due process violation could not argue the defendants were …
MO Ad-Seg Regulations Create Liberty Interest by The Eighth Circuit Court of Appeals held that Missouri State Penitentiary Regulation 20-212.040 creates a protected liberty interest that controls the placement of prisoners from the general population into administrative segregation. Two Missouri prisoners filed a 42 U.S.C § 1983 seeking damages for …
Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone …
Article • May 15, 2007
Private Possession of Obscene Material Not a Crime by In a case on appeal from the Georgia Supreme Court, the U.S. Supreme Court held the First Amendment, as made applicable to the States by the Fourteenth Amendment, prohibits making mere private possession of obscene material a crime. During a search …
Article • May 15, 2007
Qualified Immunity: An Objective Legal Reasonableness Test by Qualified Immunity: An Objective Legal Reasonableness Test The U.S. Supreme Court held that police officers conducting warrantless searches of innocent third party homes in search of fugitives are entitled to qualified immunity, if objective legal reasonableness is met. Russell Anderson, an agent …
Article • May 15, 2007
Release-Dismissal Agreements Bars Further Law Suits by The U.S. Supreme Court held that a voluntary release-dismissal voids future lawsuits. In 1993, David Champy was indicted by a Rockingham County, New Hampshire grand jury for aggravated felonious sexual assault. A friend of Champy, Bernard Rumery, read about the charges in a …
Article • May 15, 2007
Standard Set for Violation of Free Exercise Clause by The U.S. Supreme Court held that government may not deny unemployment benefits to a claimant who was unable to obtain employment because of religious objections she would not take Saturday work. After being discharged from her job as a textile mill …
Washington Sex Offender Release & Supervision Statute Explained by John Bader, a Washington state prisoner, was serving a 102-month sentence for child rape. The offense was committed in late 1997 or early 1998. In August of 2002, he filed a motion in superior court for release to community custody based …
Article • May 15, 2007
CT Prisoner Wins $5,500 in Suit for Damages Sustained in Transport Van Accident, Affirmed on Appeal by CT Prisoner Wins $5,500 in Suit for Damages Sustained in Transport Van Accident, Affirmed on Appeal Thomas Beverly, a Connecticut state prisoner, sustained back injuries when the Department of Corrections van he was …
Article • May 15, 2007
Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. by Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. Michigan's Court of Appeals has held that a claim alleging medical malpractice, intentional misconduct, and ordinary negligence arising from …
Article • May 15, 2007
Amended Complaint Timely Under Prison Mailbox Rule by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a lower court's dismissal of a prisoner's § 1983 action for failure to prosecute. Under the prison mailbox rule, the amended complaint was timely. In December 2003, Arkansas prisoner Patricia Sorenson …
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