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Article • January 15, 2008
Municipal Agreements with Contract Insurance Agencies are Public Record by Westmoreland County Housing Authority (WCHA) appealed a 2001 order of the Commonwealth Court of Pennsylvania requiring them to disclose a settlement agreement to the Tribune Review Publishing Company (Tribune) under the state's Right to Know Act (Act). The WCHA claimed …
Pennsylvania DOC's Nondisclosure of Documents Regarding Chemical Incident Upheld by Court by Pennsylvania state prisoner Christopher Heffran petitioned for review of the Department of Corrections' (DOC) non-production of requested documents regarding his asthma attack. The DOC stated that the requested documents were not public records under the Right to Know …
Article • January 15, 2008
Pennsylvania Settlement Agreement Ordered Disclosed for Involvement of Public Funds Disbursement by Pennsylvania's Lower Saucon Township (Township) appealed a court order requiring them to produce for inspection a settlement agreement resulting from a federal suit against its local police. The court affirmed the order for production because the agreement involved …
Article • January 15, 2008
CA Cop's Disciplinary Action Held Confidential by Copley Press, Inc. requested documents related to a cop's disciplinary proceedings in the San Diego Civil Service Commission (Commission). The Commission refused to provide them, and Copley filed suit to compel disclosure under the California Public Records Act (Act). The trial court denied …
Article • January 15, 2008
Fed Prisoner Wins FOIA Action Requesting Informant's Names by Kenneth H. Linn, a federal prisoner, requested from the U.S. Dept. of Justice (the DOJ) a number of documents associated with his conviction, pursuant to the federal Freedom of Information Act (the Act), 5 U.S.C. § 552 et seq. When the …
MA Prison Conditions Might Amount to Cruel and Unusual Punishment by Richard Smith, a Massachusetts state prison at MCI-Concord, sued prison officials after being disciplined for fighting. He sued numerous guards and administrators in state court alleging a multitude of constitutional and statutory violations. Among them was a claim that …
Nebraska Mental Health Patients' Class Action Shot Down for Class Overbreadth by Numerous involuntarily committed mental health patients in Nebraska filed a federal class action lawsuit seeking declaratory and injunctive relief, claiming sexual and physical abuse by male staff and patients at three state facilities. They also claimed an array …
Article • January 15, 2008
Nebraska Prisoner's Transfer to Another Prison Was Lawful by Robert Hunt, a Nebraska state prisoner, is a Seventh Day Adventist. After nearly 20 years at the Nebraska State Penitentiary (NSP), he was transferred to the Tecumseh State Correctional Institute (TSCI) against his will. As a result he lost his job …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
US appellate court rejects British victims' suit for Guantánamo torture damages by By John Burton On January 11, the United States Court of Appeals for the District of Columbia Circuit dismissed a case brought by four British citizens seeking money damages to compensate them for having been tortured by the …
Article • January 15, 2008
Guards’ Individual Immunity a Matter of Bad Faith Intent by Guards' Individual Immunity a Matter of Bad Faith Intent Former Kentucky State prisoner William Sloas' voluntary participation in the Rowan County Jail's work program resulted in his leg being broken in an accident. He brought suit against the county and …
Article • January 15, 2008
Sexual History May Trump Test Results Leading to SVP Classification Despite Castration by California prisoner and sexually violent predator (SVP) Edward Flores appealed a 2005 jury decision to retain him in the state hospital as a civilly-committed sex offender. He claimed that his voluntary castration should render the use of …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
Article • January 15, 2008 • from PLN January, 2008
Oklahoma Jail Dodges $700,000 in Fines by Gary Hunter On November 28, 2006, the Bryan County Jail in Oklahoma was fined $15,000 by a local judge for health inspection violations. Both the district attorney and jail officials were elated with the ruling. The reason they were happy was because the …
CCA-Run Immigrant Family Detention Center in Texas Violates Settlement Conditions by Matthew Clarke by Matt Clarke On April 9, 2007, a federal district court in Texas held that the conditions of confinement at a privately-run facility used by Immigration and Customs Enforcement (ICE) to hold families detained due to immigration …
Seventh Circuit Rejects Federal Prisoner’s Necessity Defense by Seventh Circuit Rejects Federal Prisoner's Necessity Defense The Seventh Circuit found that a federal prisoner had failed to prove the requisite elements of the "necessity" defense in a prison weapon possession prosecution. In 1992, David Sahakian was sentenced to 360 months in …
Eleventh Circuit Condemns One-Sentence Qualified Immunity Denial Order by The Eleventh Circuit Court of Appeals has reversed an Alabama federal district court?s order denying jail officials? motions to dismiss on qualified immunity ground, admonishing the district court for only entering ?one sentence orders denying? the motions. Kevin Danley sued under …
Article • January 15, 2008 • from PLN January, 2008
Filed under: Civil Procedure, Complaints
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court?s sua sponte dismissal of a prisoner?s access-to-courts lawsuit for failure to state a claim. The appellate court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Eighth Circuit Holds State Funding of Iowa Faith-Based Prison Unconstitutional by Michael Rigby On December 3, 2007, a three-judge panel of the U.S. 8th Circuit Court of Appeals held that partial state funding of a religious-based prison program in Iowa was unconstitutional. The Court further held that InnerChange, a division …
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