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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 …
Article • August 15, 2008
Prison System Commissioner Not Liable For Out of State Transfer by The plaintiff was assaulted by an employee and later by other prisoners in a Texas jail to which he was transferred because of overcrowding in Colorado. The plaintiff's allegation against the Director of the Colorado prison system, that he …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
Class Representative’s Settlement Requires Court Scrutiny by At 298-99: Because of the representative nature of class suits and the numerous and sometimes divergent interests that are at stake, the court is charged with protecting the class members who, through their absence, are unable to protect themselves.... In order to carry …
Article • August 15, 2008
Dismissal of Doe Defendants Required if Named Defendants Dismissed by The plaintiff sued, invoking 1983, the Moroccan Treaty of 1787, the Free Moorish-American Zodiac Constitution, etc. At 424: "In cases that allow for Doe defendants, other identified defendants have been able to represent the unknown individual defendants' interests." Allowing claims …
Article • August 15, 2008
Grabbing Prisoner’s Buttocks Not Sexual Assault by Several civilian maintenance workers grabbed the plaintiff's buttocks briefly. This conduct did not violate the Eighth Amendment because there is no evidence that the plaintiff suffered anything more than a brief unwanted touch. The plaintiff submits no evidence except his own characterization to …
Protective Custody Injunction Available Remedy Absent Injury by The plaintiff alleged that he was in danger from a gang he had left and that, although he is currently in protective custody, he had been repeatedly placed in general population. He sought damages and an injunction against transfer to general population. …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
Article • August 15, 2008
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Court Orders Discovery of D.C. Cop’s Personnel Files by At 355: "... [A]ny claim that a party's potential witnesses and exhibits are not fit subjects for discovery is fatuous." The existence of a pre-trial order procedure does not retroactively make those subjects unfit for discovery. The court directs production of …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Challenge to Nebraska Work Release Fees Dismissed by The plaintiff was placed on work release; he was required to sign a statement acknowledging that room and board would be deducted from his inmate account, and $2,790 was removed from his account. Due process was not denied. The program was voluntary, …
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