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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 …
Article • May 15, 2007
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Suitable Residence Parole Condition Rational in NY by The Appellate Division of the New York Supreme Court affirmed a decision to the New York State Division of Parole denying release to a convicted child molester. James Billups was convicted of raping his young daughter and sentenced to a term of …
Article • May 15, 2007
New York: $600 For 60 Days Wrongful Confinement In Segregation by On May 17, 2004, a court of claims in Binghamton, New York, awarded $600 to a state prisoner who was wrongfully confined in "keep-lock" for 60 days. Luis Rosales, a New York state prisoner, was placed in keep-lock confinement …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Article • May 15, 2007
New York Prisoner's Disciplinary Sanctions Vacated by Santiago Ramirez, a New York state prisoner, was a representative of a prisoner committee which had pledged a monetary donation for an upcoming family-day picnic. But when guards wouldn't negotiate with respect to the planning of the event, Ramirez tore up the requisition …
Individual Class Action Settlement Notice Not Required by The Eighth Circuit Court of Appeals has held that individual notice to each prisoner in a class action is not required and a district court's unexplained failure to set forth reasons or evidence to show the settlement was fair did not render …
Article • May 15, 2007
Washington Appeals Court Reverses SJ on Negligent Supervision Claim by In an unpublished opinion, the Washington Court of Appeals held that a lower court erred in finding that a city's probation department owed no duty to citizens and was immune from suit. Jong Hoon Kim had a long history of …
Article • May 15, 2007
FBI Mob Murder Claim Filed Too Late by The First Circuit Court of Appeals upheld the dismissal of a Federal Tort Claims Act (FTCA) claim against the Federal Bureau of Investigation (FBI) for a 1982 murder. John Callahan was the chief executive officer of World Jai Alai, a gambling organization …
Article • May 15, 2007
California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards by California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards California's Fifth District Court of Appeals has held that a prisoner convicted of a non-violent in-prison offense should not …
Article • May 15, 2007
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
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