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Kansas 2-Year Visiting Restriction Unauthorized
Article • August 15, 2001 • from PLN August, 2001
Filed under: Witnesses (Disciplinary Hearings), Sanctions (Disciplinary Hearings), Civil Procedure, State Law Claims, Marriage
Kansas 2-Year Visiting Restriction Unauthorized by The Kansas Court of Appeals held that a 2 year suspension of a prisoner's visiting privileges was not authorized by the visiting rules. Derrick Davis, a prisoner at Lansing Correctional Facility received two disciplinary reports alleging that he engaged in lewd conduct with his …
Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review
Article • July 15, 2001 • from PLN July, 2001
Filed under: Mental Health, Civil Commitment
Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review by Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review The Kansas Supreme Court has held that the Due Process Clause of the Fourteenth Amendment requires proof of a …
Kansas Conditional Release Is Mandatory
Article • July 15, 2001 • from PLN July, 2001
Filed under: Liberty Interests, Sentencing, Ex Post Facto, Good Time, Parole
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
County Must Pay Prisoner's Medical Expenses
Article • May 15, 2001 • from PLN May, 2001
Filed under: Medical, Respiratory, Medical Expenses, Municipal Liability
County Must Pay Prisoner's Medical Expenses by AKansas Court of Appeals found that a governmental agency is not entitled to seek reimbursement from a prisoner for the cost of medical treatment received by the prisoner while in the agency's custody. While incarcerated in the Haskell County {Kansas) jail, David Sullivan …
Disabled Prisoner Survives Summary Judgment
Article • November 15, 2000 • from PLN November, 2000
Filed under: Disabled Prisoners, Civil Procedure, State Law Claims, Americans with Disabilities Act, Rehabilitation Act, Qualified Immunity
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit
Article • November 15, 2000 • from PLN November, 2000
Filed under: PLRA, Attorney Fees (PLRA), Damages, Costs, Qualified Immunity, Religious Diet
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Loss of Good Time for Kansas SATP Refusal Upheld
Article • May 15, 2000 • from PLN May, 2000
Filed under: Classification, Good Time, Prisoner Property, Sex Offender Treatment
Loss of Good Time for Kansas SATP Refusal Upheld by Bob Williams Loss Of Good Time For Kansas SATP Refusal Upheld by Bob Williams The Tenth Circuit Court of Appeals has held that even when loss of good time credits are the consequences of refusal to comply with the core …
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo
Article • September 15, 1999 • from PLN September, 1999
Filed under: Medical, HIV/AIDS, Medication, Eighth Amendment, Exercise, Clothing, Physical Injury Rule
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
Kansas Good Time Forfeiture Violates Ex Post Facto
Article • July 15, 1999 • from PLN July, 1999
Filed under: Sentencing, Ex Post Facto, Good Time
Kansas Good Time Forfeiture Violates Ex Post Facto by The Kansas court of appeals held that the retrospective application of a new prison rule governing the forfeiture of good time credits violated the Ex Post Facto Clause when the rule took effect after the prisoner's crime was committed and it …
Kansas Good Time Rules Violate Ex Post Facto
Article • March 15, 1999 • from PLN March, 1999
Filed under: Sex Offenders (Discrimination), Self Incrimination, Prisoner Privileges, Sentencing, Ex Post Facto, Good Time, Sex Offender Treatment
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Retroactive Kansas Good Time Recalculation Unlawful
Article • March 15, 1999 • from PLN March, 1999
Filed under: Sentencing, Ex Post Facto, Good Time
Retroactive Kansas Good Time Recalculation Unlawful by In an unpublished opinion, the Court of Appeals for the State of Kansas held that the changes in the Kansas prison system's regulations interpreting the application of good time credits toward a prisoner's conditional release date could not be applied retroactively to offenses …
No Immunity in Failure to Protect Informant Suit
Article • November 15, 1998 • from PLN November, 1998
Filed under: Qualified Immunity, Protective Custody, Informants (Failure to Protect)
No Immunity in Failure to Protect Informant Suit by In the April, 1998, issue of PLN we reported Dowling v. Hannigan , 968 F. Supp. 610 (D KS 1997). The case involved Kansas state prisoner and informant Mark Dowling, who claimed prison officials were deliberately indifferent to his safety when …
Trial Required in Kosher Diet Claim
Article • November 15, 1998 • from PLN November, 1998
Filed under: Food, Qualified Immunity, Religious Freedom, Religious Diet
Trial Required in Kosher Diet Claim by Afederal district court in Kansas held that a trial was required to resolve disputed issues of material fact in a Jewish prisoner's lawsuit over the denial of a Kosher diet. Jimmy Searles is a Kansas state prisoner. While housed at the Hutchinson Correctional …
Kansas Prisoners Entitled to Halfway House Credits
Article • October 15, 1998 • from PLN October, 1998
Filed under: Classification, Work Release, Good Time
Kansas Prisoners Entitled to Halfway House Credits by The Kansas court of appeals held that prisoners whose halfway house status is revoked are entitled to credit for the time spent in the facility, but are not entitled to credit for time spent on house arrest. Bradley Cordill, a Kansas state …
Kansas Prisoners Entitled to Notice of Prison Rules
Article • September 15, 1998 • from PLN September, 1998
Filed under: Disciplinary Hearings, Liberty Interests, Notice of Rules, Legality of Rules
Kansas Prisoners Entitled to Notice of Prison Rules by The Kansas state court of appeals held that Kansas prisoners have a due process liberty interest in their good time credits and are entitled to notice of prison rules before they can be punished for violating them. Xuan Hiep Le is …
Prisons Promoting Tourism
Article • August 15, 1998 • from PLN August, 1998
Filed under: Conditions of Confinement, Prison Tourism/Consumerism
Prisons Promoting Tourism by Alex Friedmann As states spend an increasing amount of their budgets to expand their prison systems they increasingly seek ways to replenish impoverished state coffers. One major source of revenue is tourism, and some states are well-known for their tourist attractions -- such as Disneyworld and …
Failure to Protect Informant Claim Set for Trial
Article • April 15, 1998 • from PLN April, 1998
Filed under: Protective Custody, Informants (Failure to Protect)
Failure to Protect Informant Claim Set for Trial by A federal district court in Kansas held that disputed facts required a trial to resolve whether prison officials were deliberately indifferent to a prisoner's safety. Mark Dowling is a prisoner informant in Lansing, Kansas. On August 11, 1994, Lt. Gordon Brown …
U.S. Liable for Loss of Prisoner's Property
Article • April 15, 1998 • from PLN April, 1998
Filed under: Prisoner Property, Federal Statutory Law, Federal Tort Claims Act
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
KS S.Ct. Affirms Trust Account "Service Fee"
Article • February 15, 1998 • from PLN February, 1998
Filed under: Victims, Standing, Sentencing, Ex Post Facto, Seizure of Prisoner Funds, Interest
KS S.Ct. Affirms Trust Account "Service Fee" by KS S.Ct. Affirms Trust Account "Service Fee" In two separate cases the Kansas supreme court affirmed a state DOC policy, KAR 44-5-115, which imposes a $1 monthly surcharge on prisoners for administering their prison trust accounts. A state district court held that …
Supreme Court Upholds Kansas Civil Commitment Law
Article • August 15, 1997 • from PLN August, 1997
Filed under: Mental Health, Civil Commitment
Supreme Court Upholds Kansas Civil Commitment Law by Dan Pens In a chilling 5-4 ruling, the U.S. supreme court reversed a Kansas supreme court which invalidated the Kansas Sexually Violent Predator Act after holding that the Act ("civil commitment" of "sexually violent predators" who suffer from a "mental abnormality" or …
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