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Article • May 15, 2007
Pennsylvania DOC Rule Denying Sex Offenders Visits with Minors Upheld by The plaintiff, convicted of involuntary deviate sexual intercourse against his stepdaughter, was denied contact visits with his children pursuant to a prison regulation denying contact visits with minors to all prisoners ever convicted of sex offenses against minors, notwithstanding …
Article • May 15, 2007
No Disclosure of Informants Records by The plaintiff federal prisoner sought information on another prisoner, now escaped, whose testimony helped convict the plaintiff. On remand after National Archives and Records Administrative v. Favish, the court holds that the plaintiff's "bare suspicion" of government wrongdoing (i.e., that the informant lied) is …
Article • May 15, 2007
Challenge to Maryland's Lethal Injection Procedure Allowed by The plaintiff challenged Maryland's lethal injection procedure, alleging that during the last execution the barbiturate leaked all over the floor. His claim is a proper § 1983 claim under Nelson v. Campbell, since the issue here is the administration of an IV, …
9/11 Immigration Detainee Challenges Denial of Counsel, Religious Diet by The plaintiff was arrested on September 12, 2001, on the belief that he was connected with the 9/11 hijackers, and transferred to a federal prison, where he was subjected to a visual body cavity search viewed by multiple male and …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
Article • May 15, 2007
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
Article • May 15, 2007
Obstructing Murder Investigation May Implicate Court Access by Adult children of an African-American woman who was murdered by whites in 1964 during a period of racial unrest sued the Sheriff on the ground that he had denied them access to courts by obstructing the investigation into the murder. At 1282: …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Article • May 15, 2007
Federal Deportation Detainees Stage Sit-In to Protest Delayed Hearings by On September 21, 2005, 950 deportation detainees at the federal Mira Loma Detention Center in Lancaster, California refused to return to their barracks for four hours after their 7 a.m. breakfast until prison officials assured them that their concerns regarding …
Raped Prisoner's § 1983 Suit States Claim by Raped Prisoner's § 1983 Suit States Claim The U.S. District Court for the District of Nevada held that a prisoner's civil rights suit against county commissioners stated a claim. After allegedly being raped by fellow prisoners in the Washoe County (Nevada) Jail, …
Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • May 15, 2007
Florida's Private Prison Industry Corporation Sues Spinoff by Florida's private prison industry corporation, Prison Rehabilitation Industries and a Diversified Enterprises (PRIDE), has sued its spinoff company to recover some of the millions spent to prop up that company. The lawsuit comes after over a year of scrutiny into PRIDE's corporate …
Virginia Prison Warden's Defamation Suit Survives Dismissal Motion by The United States District Court, Western District of Virginia, denied motions by Connecticut newspapers, reporters, and editors to dismiss a Virginia prison warden's suit against the Connecticut defendants after the defendants posted allegedly defamatory news articles on the newspapers' World Wide …
Article • May 15, 2007
Supreme Court Sets Standard in Establishment Clause Suits by The United States Supreme Court held that state statutes from Rhode Island and Pennsylvania, which supplemented teacher's salaries in religious schools, violated the religious establishment clause of the First Amendment. A federal district court found that Rhode Island's provision, which provided …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
Article • May 15, 2007
No Witness Protection Program for Famous Author Informant by The court of appeals for the Eighth circuit held that prisoners are not entitled to placement in the federal Witness Protection Program (WPP) and the courts will not enjoin transfers among federal prisons when prison officials claim they will take special …
Thompson v. Hamilton Co and CCA, TN, Complaint, inmate forced to assault other inmate, 2007 CCA-AF (6/2/14 PRA) 0019 CCA-AF (6/2/14 PRA) 0020 CCA-AF (6/2/14 PRA) 0021 CCA-AF (6/2/14 PRA) 0022 CCA-AF (6/2/14 PRA) 0023 CCA-AF (6/2/14 PRA) 0024 CCA-AF (6/2/14 PRA) 0025 CCA-AF (6/2/14 PRA) 0026 CCA-AF (6/2/14 PRA) …
Brief • May 11, 2007
Filed under: RLUIPA, Religious Diet
Kuperman v. NH DOC, NH, Order Adopting Magistrate Rec., 2007 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Albert Kuperman v. 06-cv-420-JD Warden, NH State Prison ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated April 18, 2007, no objection having been filed, for …
Jama et al v. Esmor Correctional Services, NJ, Def MoL in Opposition of Plf Mot to Preclude DeLand Testimony, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 450 Filed 05/10/07 Page 1 of 34 PageID: 8228 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Steven D. Weinstein New …
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