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Article • May 15, 2007
Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations by Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations The United States Supreme Court has held that enlisted military personnel may not maintain a Bivens suit to recover damages from a superior officer for alleged constitutional violations. The …
Article • May 15, 2007
US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment by US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment The US Supreme Court has held that obscene materials are not protected by the First Amendment. The Court defined "obscene material" and applied …
Article • May 15, 2007
California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional by California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional The Supreme Court held that prison regulations forbidding correspondence containing "defamatory matters," "inflammatory political, racial, religious or other views," or that "unduly complain" or "magnify grievances," or were "otherwise inappropriate" were unconstitutional infringements …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Article • May 15, 2007
US Court Of Appeals Upheld Federal Statute On Contraband by The US Court Of Appeals for the Ninth Circuit held that a District Court did not err in convicting the visitor of a prisoner at the Terminal Island Federal Correctional Institution in California, for attempting to introduce contraband into the …
Article • May 15, 2007
Filed under: Court Access, Legal Mail
Prison May Not Open Identifiable Legal Mail Outside Prisoner's Presence by The U.S. District Court for the Central District of California held that a prison's practice of opening legal mail that was not labeled in a specific manner, but otherwise readily identifiable as legal mail was unconstitutional. Policy at the …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
Article • May 15, 2007
Filed under: Searches, Cell Searches
Prisoner Has No Reasonable Expectation Of Privacy In Cell by The U.S. Ninth Circuit Court of Appeals held that the search of a prisoner's cell and dissemination of his mail did not violate the Fourth Amendment, but remanded to the district court his First Amendment claims. While a California state …
Article • May 15, 2007
California: Parents Of Man Who Died In Custody Awarded $2,000,000 by On June 17, 2002 the divorced parents of a man who died while being restrained by Los Angeles County sheriff's deputies were awarded a gross verdict of $2,000,000, reduced. by 35% based on the jury's finding of decedent's comparative …
California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair Competition by California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair Competition On April 30, 2002, a federal jury in San Jose, California, awarded Ferguson Safety Products (FSP)--a small Santa Cruz based manufacturer of jail and prison supplies--$2,250,000 against Defendant Bob Barker Company …
Article • May 15, 2007
California Lifer Parole Rescission Upheld On One of Five Grounds Alleged by The California Court of Appeal held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a life prisoner's unexecuted grant of parole was properly determined by the Board, and thus …
Parole Board Officials Entitled to Absolute Immunity by The Ninth Circuit Court of Appeals held state parole board officials are absolutely immune from suit for actions taken when processing parole applications. This action was filed by a prisoner at the California Men's Colony who alleged violation of his First, Fifth, …
Article • May 15, 2007
BOP Regulation Barring Prisoner Reporters Constitutional; Ruling Later Vacated by A California federal district court held that a federal prison regulation that prohibits a prisoner from acting as a newspaper reporter does not violate the First Amendment, and the newspaper is not affected by the regulation. This action was filed …
Article • May 15, 2007
Collect Only Telephone Calls to Attorneys Denies Access to Counsel by The California First District Court of Appeal has held that pre-trial detainee's have a right to a direct line telephone to the public defender's office (PDO). The Court found that a newly installed collect-only phone system denied jail prisoners …
California: Guard Hit by Contractor Awarded $405,242 for Knee Injury by On December 22, 2000, a California superior court awarded a prison guard $405,242 for a knee injury he sustained when he was hit by a prison contractor's vehicle. On February 4, 1999, plaintiff Steven Churchill was working as a …
Article • May 15, 2007
California Man Awarded $55,000 for False Arrest by On October 25, 2002, a California jury awarded $55,000 to a man who was falsely arrested by the Los Angeles County Sheriff's Department and held in jail for approximately 4 1/2 days before being released. Plaintiff Roger Brass was arrested on the …
Article • May 15, 2007
San Mateo, California Jail Strip Search Plaintiffs Win Class Certification by The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for class certification of her civil rights action against San Mateo County, California for the class of strip searched pre-arraignment jail detainees between February 3, 2002 and December 2, …
Article • May 15, 2007
Filed under: Medical Expenses, Juveniles
L.A. County Pays $46,752 for Hospitalization of Juvenile Injured During Arrest by by John E. Dannenberg The County of Los Angeles (L.A.) settled a claim brought by St. Francis Medical Center for hospitalization of a juvenile who was severely injured when his car crashed while he was evading arrest. On …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
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