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Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: Shy Bladder Suit Returned to District Court by The U.S. Court of Appeals for the Sixth Circuit affirmed in part and reversed in part the dismissal of a prisoner’s lawsuit alleging violations under 42 U.S.C. § 1983 and the Americans with Disabilities Act (ADA). Danny Ray Meeks, a …
Article • June 15, 2010 • from PLN June, 2010
Filed under: Crime/Demographics, Escapes
Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana by The Indiana Court of Appeals held that when prisoners “have no intent or plan to flee from detention in the penal facility in which they are confined, they cannot be guilty of the crime of escape …
Article • June 15, 2010 • from PLN June, 2010
Mental Health Specialist May be Liable in California Jail Detainee’s Suicide by In a tragic case involving a father who signed a citizen’s arrest for his son who later committed suicide while in pretrial detention, the Ninth Circuit upheld the grant of summary judgment to two sheriff’s deputies and the …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
Article • June 15, 2010 • from PLN June, 2010
No Liberty Interest Under Utah Parole Scheme by The Tenth Circuit Court of Appeals held that a Utah prisoner had failed to state cognizable due process and equal protection challenges to Utah’s parole scheme. In 1993, Robert Straley was convicted of sex crimes against a child and sentenced to two …
No Qualified Immunity for Excessive Force at Ohio Jail by The Sixth Circuit Court of Appeals affirmed the denial of qualified immunity to Ohio jailers on a detainee’s excessive force, denial of medical care, equal protection and state law claims. On April 3, 2004, Ohio State Highway Patrol Trooper Helen …
Ineffective Attempts to Protect Texas Prisoner Were Sufficient by The Fifth Circuit Court of Appeals reversed a district court’s denial of summary judgment to prison officials who had failed to safeguard a Texas state prisoner, saying their ineffective attempts to protect him were sufficient. Gregory Moore was incarcerated at the …
Article • June 15, 2010 • from PLN June, 2010
Sixth Circuit: RLUIPA Does Not Permit Monetary Damages by The Religious Land Use and Institutionalized Persons Act (RLUIPA) does not allow money damages for violations of that statute, the U.S. Court of Appeals for the Sixth Circuit held on April 24, 2009. The Court entered its decision in an appeal …
Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial by In a lengthy and well-reasoned opinion and order, U.S. District Court Judge Elaine E. Bucklo, for the Northern District of Illinois, denied cross-motions for summary judgment in a class-action suit brought by paraplegics and partially-disabled pre-trial detainees currently and formerly …
No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner by The Sixth Circuit Court of Appeals affirmed a lower court’s denial of qualified immunity in an Ohio prisoner’s lawsuit raising a failure to protect claim. Ohio prisoner George Hamilton was the target of a “hit” by the Aryan …
Article • June 15, 2010 • from PLN June, 2010
New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault by The City of New York paid $275,000 to settle a prisoner’s lawsuit claiming he sustained serious injuries as a result of a guard’s negligence. The suit was filed by Ryan Scott, who was incarcerated at the George R. Vierno Center …
Article • June 15, 2010 • from PLN June, 2010
California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages by Proceeding pro se, California prisoner Earnest C. Woods II survived a summary judgment motion and was awarded $500 in compensatory damages and $1,000 in punitive damages after a jury found that CSP-Solano Appeals Coordinator Santos …
Florida Prisoner Exonerated by DNA After Serving 35 Years by David Reutter by David M. Reutter After 35 years of proclaiming his innocence for the kidnapping and rape of a 9-year-old boy, James Bain, 54, was finally proven innocent and released from a Florida prison on December 17, 2009. Of …
Article • June 15, 2010 • from PLN June, 2010
Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA by The Fourth Circuit Court of Appeals has held that the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc et seq., does not authorize individual capacity damages actions. The Court’s ruling came in the appeal of …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard by In a ruling with potentially wide-ranging implications, the Ninth Circuit held that race-based prison lockdowns fail to meet the strict-scrutiny standard announced by the U.S. Supreme Court in Johnson v. California, 543 U.S. 499, 505-07 (2005) [PLN, July 2005, p.22], …
New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling by The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison …
Article • June 15, 2010 • from PLN June, 2010
Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement by The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a federal prisoner’s copyright infringement suit filed against Federal Prison Industries, Inc. (FPI, also known as UNICOR), the prison sweatshop arm of the U.S. Bureau of Prisons. While …
Summary Judgment Reversed in Illinois Jail Suicide Suit by The Seventh Circuit Court of Appeals reversed a lower court’s grant of summary judgment to Illinois jail officials stemming from the in-custody suicide of a federal pretrial detainee. On April 13, 2005, Stanley Bell was confined at the St. Clair County …
DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal by The U.S. Court of Appeals for the District of Columbia (DC) Circuit reversed a district court’s dismissal of a prisoner’s lawsuit for failure to exhaust administrative remedies and for conceding summary judgment by failing to respond to the defendants’ summary judgment motion. The …
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