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Article • August 15, 2008
Appeal Bond Requirement Upheld by The plaintiff brought a copyright case and was required to post a $3500 bond to appeal the adverse decision. There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be …
Article • August 15, 2008
Refusal of TB Test on Religious Grounds Discussed by The plaintiff refused a PPD on religious (MOVE) grounds and was placed in administrative custody and kept there even after he submitted to a chest x-ray, which was negative. There is no evidence that MOVE is actually a religion (and the …
Article • August 15, 2008
Filed under: Visiting, Marriage
Denial of Visiting Between Prisoner, Ex Prisoner Upheld by Plaintiff, a member of MOVE, was refused a visit from a female member of MOVE who he said was his wife because she was a former prisoner. The court previously refused defendants summary judgment because other prisoners married to former prisoners …
Article • August 15, 2008
All Plaintiffs Must Sign Motion to Amend Complaint by A prisoner may be denied leave to amend a complaint before responsive pleadings are filed where co-plaintiffs have not joined in the motion. The plaintiff said that he relied on an order by the district court barring the other plaintiffs from …
Supervisory Officials Liable for Denial of Religious Services by The plaintiff complained that inmates in a particular unit were not permitted to attend Muslim services. His injunctive claim is moot because he has been released. However, he may be entitled to damages, and even nominal damages would support an award …
Article • August 15, 2008
N.Y. Guard's Informing Prisoner's Wife of Another Woman's Visit Ruled Unintentional, Harmless by New York state prisoner Alex Torres filed suit after a prison visitation guard informed his wife that another woman had visited him, resulting in his divorce. The court dismissed his claim, holding that Torres had failed to …
Article • August 15, 2008
Federal Forfeiture Law Application Reversed by Harold and Kathleen von Hofe, both Connecticut state prison guards, were arrested after sixty-five marijuana plants were discovered in their basement. Harold pled guilty to manufacturing a controlled substance, a felony, and Kathleen pled guilty to misdemeanor possession of the same. The federal government …
Article • August 15, 2008
Federal Prisoner’s 28 U.S.C. § 2255 Action for Ineffective Assistance of Counsel Denied by Michael J. Scott, a federal prisoner, was serving time for drug convictions arising in 1998. He encouraged a third person to cooperate with the government in another case and filed a motion for a sentence reduction …
Article • August 15, 2008
Federal Prisoner's Multiple Dismissals for Failure to Prosecute / Respond Not Strikes under PLRA by James A. Butler, a federal prisoner, moved to proceed in forma pauperis (IFP) in federal district court in a civil action. Since he had had over 15 previous federal actions in which he was proceeding …
Article • August 15, 2008
Federal Sex Offender Must Register in New York by In 2004, Todd North, a federal prisoner, pleaded guilty to possession of child pornography in federal district court after being caught with images of children between ages 7 and 17 engaged in sex acts. He was sentenced to 24 days of …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Federal Prisoner Facing Deportation Has No Right to Rehabilitative Programs by Hector Jimenez, a federal prisoner facing deportation when his prison sentence was completed, filed suit in U.S. district court under 28 U.S.C. §§ 2241 and 2255, claiming that his equal protection rights were violated when prison officials denied him …
Article • August 15, 2008
Federal Prisoner's Bivens Action Claiming Civil Rights Violations During Arrest and Prosecution Reinstated by Donald Jackman, a federal prisoner, sued fifty-one defendants in federal district court under Bivens and 42 U.S.C. § 1983, claiming they had violated his civil rights in various ways during his arrest and criminal prosecution. The …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Filed under: Crime/Demographics, Crime
Capitalism and Incarceration Revisited by Richard D. Vogel “Capitalism and Incarceration.” written by the author and published in Monthly Review twenty years ago (March 1983), analyzed the relationship between the capitalist economy and the prison system in America and came to an indisputable conclusion: The overall trends and year-by-year correspondence …
Federal Court Rules RFRA Applies to Guantanamo by by Matthew T. Clarke The United States District Court for the District of Columbia ruled that the Religious Freedom Restoration Act (RFRA), 42 U.S.C. 2000bb, et seq., applied to the detention facilities at the U.S. military base at Guantanamo Bay, Cuba. Shafiq …
Article • August 15, 2008
Texas Supreme Court Upholds Sex Offender Civil Commitment Statute by by Matthew T. Clarke On May 20, 2005, the Supreme Court of Texas held that the Texas Civil Commitment of Sexually Violent Predators Act (the Act), Chapter 841, Texas Health and Safety Code, is not punitive and therefore is constitutional. …
Article • August 15, 2008
Filed under: Sentencing, Parole
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
Colorado Community Corrections Confinees Eligible for Workers' Compensation by A Colorado court of appeals held that a community corrections program (CCP) is not a jail or prison, and therefore workers' compensation benefits should not be suspended for prisoners participating in CCPs. Hilario Vasquez, a participant in a Colorado CCP, was …
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