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Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
Article • January 15, 2008
OH Prisoner's Attorney's Rule 11 Sanctions Nullified by Jeffrey Salkil was arrested for drunk driving and placed in the jail for Madison County, Ohio. Because he refused to submit to urinalysis testing, his driver's license was suspended. He completed an affidavit of indigency and asked to have a lawyer appointed …
Article • January 15, 2008
Federal Statute Requiring Supervised Releasee to Submit DNA Sample Unconstitutional by A Massachusetts federal district court has entered a preliminary injunction barring the federal probation office from requiring a person on supervised release to submit a DNA sample. The Court's order comes after it found that Leo Weikert, Jr., who …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Article • January 15, 2008
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Article • January 15, 2008
Notice Pleading Requirement, Not Factual Pleading, Applies to Access to Courts Claim by The Seventh Circuit Court of Appeals has held that a prisoner bringing a right of access to the courts claim need only satisfy the notice pleading requirement, but must allege that the prisoner lost a case or …
Article • January 15, 2008
SJ Reversed on Massachusetts Religious Diet Claims; MA Constitution Affords Greater Protections than U.S. Constitution by In a unanimous decision, Massachusetts' highest court reversed summary judgment on Muslim prisoners' claims that they were denied halal meat, which is required by their faith. Muslim prisoners Rashard Rasheed and Nathaniel Bilal Ahmad …
Article • January 15, 2008
SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …
Tenth Circuit OKs First Raising Qualified Immunity on Summary Judgment by The Tenth Circuit Court of Appeals held that prison officials did not waive a qualified immunity defense by failing to raise it in responsive pleadings. The district court erred in failing to address the defense in the summary judgment …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
Article • January 15, 2008
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a Georgia state prisoner, sued jail guards in federal district court under 42 U.S.C. 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
New Jersey District Court: Reargument Granted in PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner?s contention that the failure of Prison Health Services (PHS) to monitor her lithium levels fell under the common knowledge exception …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • January 15, 2008
Prisoner Cannot Sue BOP Under Privacy Act by Gabriel Scaff-Martinez, a federal prisoner, filed suit against the United States Bureau of Prisons (BOP) pursuant to the Privacy Act, 5 U.S.C. § 552a(d), (e)(5) and (g), alleging that the BOP had failed to maintain accurate records, expunge false information from his …
Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
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