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Disabled Prisoner Claim Not Actionable Under Federal Civil Rights Action by State prisoner Timothy Reaves filed a State court action alleging claims under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the U.S. and Massachusetts Constitutions. Reaves is a quadriplegic with a brain injury suffered in a …
Article • May 15, 2007
No Unconstitutional Deprivation for County Jail Overcrowding by Daniel Sams, a prisoner sentenced to the West Virginia State Department of Corrections, and five other similarly-situated prisoners, filed a State court mandamus action to compel their transfer out of county jail to D.O.C. due to overcrowding. The State Supreme Court appointed …
Article • May 15, 2007
Seizure of Prisoner's Pretrial Discovery Materials Upheld by State prisoner David Savage filed a motion for relief from prosecutorial misconduct alleging Macon County Illinois jail officials confiscated discovery materials given to him by his counsel prior to trial. The confiscation was based upon advice from the State Attorney's Office that …
Article • May 15, 2007
Preemptive Prisoner Assault Not Justified As Self Defense by In an unpublished opinion by the California Court of Appeals, State prisoner Travis Thompson, an African-American, was denied a defense of preemptive assault upon a Hispanic prisoner, allegedly to prevent such an attack upon him. Thompson was found guilty of assault …
Prisoner Has No Right to Medication Accommodation by Bob Williams On de novo review, the Maine Supreme Court held that Jon Scott, a prisoner in Androscoggin County Jail, failed to establish actionable state court claims under the Maine Human Rights Act and Title II of the Americans with Disabilities Act …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Final Settlement Approved In Indiana Strip Search Suit by On December 4, 2002, the U.S. District Court for the Southern District of Indiana granted final approval of a settlement agreement involving plaintiffs who were illegally strip-searched upon their imprisonment in the Floyd County Jail. The settlement included individual compensation, costs, …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
Article • May 15, 2007
Filed under: Money/Property, Restitution
Federal Restitution Order Upheld by Different Sentencing Court by In 1993, a federal district court in North Carolina ordered Lauletto, Love to pay $50,000 in restitution following her conviction for credit card fraud. Several convictions later, a federal district court in Louisiana, as a parole condition, ordered her to pay …
Article • May 15, 2007
IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional by IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional In June of 1999 Norman Calhoun reported to begin serving a 120 day sentence in the jail for Kane County, Illinois. He had called the …
Article • May 15, 2007
IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules by IL Guards May Withhold Showers and Meals Until Prisoner Complies With Prison Rules Harry Rodriguez, an Illinois state prisoner, refused to comply with a prison rule requiring prisoners to store certain of their property in a …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
NCDOC Discriminates Against Female Guards by In December of 1993, the United States filed suit against the North Carolina Department of Correction (NCDOC) in a federal district court. The suit alleged that the NCDOC was discriminating against women in terms of its promotion and hiring practices, in violation of U.S.C. …
Article • May 15, 2007
Filed under: Medical, Medical Expenses
NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay by NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay Patricia II was a patient at a state-run psychiatric center in 1997, for which a …
SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time by SD Prisoner's 1983 Action Dismissed for Not Moving to Add Parties Within the Allotted Time On April 26, 2000 Gregory Kaubisch, a South Dakota prisoner, was beaten by his cellmate. George Kaubisch, as his …
Article • May 15, 2007
WA Conviction of Possession of a Controlled Substance Affirmed by Gary Hutt was a prisoner in the Grant County Jail in Ephrata, Washington. In November of 2003 Paul Holland left drugs in a toilet tank at a medical center across the street from the jail, where a prisoner pretending to …
Article • May 15, 2007
WA Guards Enjoined From Opening Legal Mail Outside Prisoners' Presence by Ralph Fourmont is a prisoner at the Washington State Penitentiary (WSP) in Walla Walla. After WSP mailroom guards opened his legal mail outside his presence, he sought a preliminary injunction in a federal district court. The court enjoined anyone …
Article • May 15, 2007
Eighth Circuit Refuses to Stay Mandate in Doe v. Miller Pending Certiorari by Two years ago, a federal district court ruled that Iowa's draconian restrictions on where registered sex offenders could live were unconstitutional. Doe v. Miller, 298 F.Supp.2d 844 (S.D. Iowa 2004). [PLN, Dec. 2004, p. 28]. The Eighth …
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
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