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Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
Article • August 15, 2008
Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree by A consent decree ordered the state prison system to remove state prisoners from a county jail within 30 days of the state's receipt of the conviction and sentencing transcript. In response to a contempt motion, the state said it …
Article • August 15, 2008
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Washington Guard’s Demotion for Creating Hostile Work Environment Warranted by The Washington State Personnel Appeals Board (PAB) has held that demotion is proper for a prison guard who created a hostile work environment and abused his position when he used sexually offensive language and made jokes and innuendos of a …
Article • August 15, 2008
ID AG States Disclosure Exemptions for Active Investigatory Records by Upon request of the city attorney for Coeur d'Alene, Idaho, the state Attorney General (AG) opined as to whether city police must disclose all documents to the public or media. In his opinion, the AG considered chapter 3 of title …
Article • August 15, 2008
Minnesota Commissioner Says "Mug Shots" Are Public Records by Upon request of the attorney for Dakota County, Minnesota, the Commissioner of the Minnesota Department of Administration IPAD (Commissioner) opined as to whether "mug shots" (jail booking photos) are public records for disclosure purposes. In her opinion, the Commissioner considered Minn. …
Article • August 15, 2008
Washington Prison Employees Show of Favoritism Towards Prisoners Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal of a prison employee who mismanaged the prisons recreation program, showed favoritism to prisoners, and engaged in improper transactions with prisoners, including a cash transaction with the …
Article • August 15, 2008
Filed under: Sentencing, Good Time
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months of presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting at a …
Article • August 15, 2008
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Article • August 15, 2008
Filed under: Protests, Police, False Arrest
Seattle Police Settle World Trade Organization Protest Wrongful Arrest Suit for $1,000,000 by In October of 2000, Kenneth Rankin, Denise Cooper, Jennifer Hudziec and Stephanie Lane, all Washington state residents, filed a class action in federal court challenging the constitutionality of their arrest by Seattle, Washington police during a protest …
Article • August 15, 2008
$271,000 in Awards Stemming From FBI Harassment Arrest by Former U.S. Marine Julian C. Lee, 30, was pulled over by San Diego Sheriff Deputies on his way to the supermarket, and he was ordered out of the car at gunpoint and arrested. He was arrested on an outstanding criminal warrant …
Article • August 15, 2008
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
New York Does DOCs Double Celling Suit Dismissed by The New York State prison system's practice of double-celling at Woodbourne Correctional Facility does not violate the Eighth Amendment. There was no evidence of denial of adequate food, medical care, or clothing. Protection from Inmate Assault (627, 629): There was little …
Article • August 15, 2008
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Article • August 15, 2008
Florida Prisoners Have No Right to “Free” Public Records by Florida’s First District Court of Appeals has held that a prisoner is not entitled to free copies of records in the custody of the state attorney and the clerk of the Court. The Court said that prisoners are “in the …
Article • August 15, 2008
Local and State Legislators Entitled to Immunity by Local legislators, like state legislators, are absolutely immune from suit under 1983 for their "legislative activity." Although the distinction is not made completely clear, apparently this holding applies to personal liability for damages; injunctive claims are not mentioned. Whether an activity is …
Article • August 15, 2008
Hebrew Israelite Prisoner Fails to Show Medallion is Religious by The plaintiff, a Hebrew Israelite, was deprived of his gold leaf medallion; a Catholic priest said he'd never heard of a religion that used a gold leaf medallion, and several Muslims said it was not a religious emblem. The plaintiff …
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