Perry v. City of Gary, IN, Complaint, Police Brutality, 2007 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA PERCY PERRY, ) ) Plaintiff, ) ) ) ) ) v. THE CITY OF GARY, INDIANA, ) CORPORAL ANTHONY BLOOD, AND ) OFFICER IRVING GIVENS, ) ) Defendants. ) Complaint …
Indiana Prison Overcrowded with Inadequate Medical Care by The United States Court of Appeals for the Seventh Circuit held that the Indiana State Prison at Michigan City was overcrowded, and that the medical care available at the prison was constitutionally inadequate. The judgment of the trial court was affirmed in …
Bivens Action Legitimate For Deceased Prisoner's Mother To Pursue Damages by The U.S. Supreme Court held that a Bivens remedy was available to the mother of a prisoner who died while in custody and that the remedy was governed by federal law. Respondent, mother of a prisoner who died while …
Modification of Disciplinary Charge After Hearing Not Due Process Violation by The Seventh Circuit Court of Appeals held that a prison reviewing authority did not deprive a prisoner of due process by modifying the charge of which the prisoner was found guilty. An Indiana Correctional Industrial Facility prisoner was investigated …
IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer by IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer The United States Supreme Court held the 180-day time period to commence trial in Article III (a) of the Interstate Agreement on Detainers …
Indiana Juvenile's Rights Discussed by The Indiana Supreme Court has held that Indiana's Constitution and laws do not require that all juveniles be placed in other than an adult prison, but held the juvenile in this case did state a claim related to her medical treatment. This civil action was …
Indiana Law Requires Service by Mail at Place of Employment by The Seventh Circuit Court of Appeals held that Indiana law requiring service of process upon an individual by mail at the individual's "place of business or employment" requires service at the location where he actually reports for work rather …
Parties May Not Choose Specific Magistrate Judge by The Seventh Circuit Court of Appeals held that parties in a litigation cannot choose a specific magistrate judge, but may elect to have a magistrate judge preside over the case. The parties agreed to a settlement in this suit involving a wrongful …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Daughters Of Woman Killed By Furloughed Indiana Prisoner Settle For $900,000 by Two daughters who witnessed their mother's murder by a furloughed Indiana prisoner settled their claim against the state for $900,000. The woman's attacker, her ex-husband, had been imprisoned by the state for crimes against her and the couple's …
Judgment Vacated in Aikens v. Lash by The Supreme Court granted certiorari, granted respondents leave to proceed in forma pauperis, and vacated and remanded the Seventh Circuit's decision in Aikens v. Lash, 54 F.2d 55 (7th Cir. 1975), a case in which segregated Indiana state prisoners were given the right …
Lay Advocate Case Affirmed in Part by In an unpublished opinion, the Seventh Circuit court of appeals affirmed in part, reversed in part, and remanded an Indiana case requiring that prisoners in segregation be given a lay advocate during disciplinary transfer hearings. There are numerous other opinions in this case …
Prisoner Entitled to Lay Advocate in Disciplinary Transfer by The Seventh Circuit court of appeals held that certain minimal due process, requirements are attached to disciplinary transfers of prisoners from the Indiana State Prison. The court held that a prisoner who was the subject of a disciplinary transfer hearing was …
Warden's Order Forbidding Letters to Court Questioned by In one of the first prisoner rights cases, the court of appeals for the Seventh circuit held that a district court erred in dismissing an Indiana state prisoners writ of coram nobis where the prisoner claimed the warden had issued a written …
Transportation Injury Suit Dismissed by The plaintiff alleged that he was injured in a traffic accident while being transferred, but he refused medical attention from jail medical staff. His small claims court case was dismissed based on his signing a form that the claim was satisfied, though it wasn't. The …
AEDPA Applies to Disciplinary Habeas Petitions by A prisoner who has received a lawful disciplinary hearing is not entitled to another hearing on an administrative appeal challenging the conviction and sanction. Under AEDPA, state prisoners' habeas corpus petitions must challenge decisions that are contrary to Supreme Court precedent or involved …
Protective Orders Must Be Narrow, Judicial Proceedings Inherently Public by At 247: Because the public "has an interest in what goes on at all stages of a judicial proceeding," . . . including the pre-trial discovery stage, . . . the judge, as "the primary representative of the public interest …
Court Rejects Attempted Suicide Claim by Indiana Jail Prisoner by The plaintiff was arrested after a one-car accident in a car containing whiskey, a loaded shotgun, and a suicide note, though he denied that running his car into a tree at 85 miles an hour was a suicide attempt, and …
Written Statements Supports Disciplinary Sanctions by The plaintiff sought a writ of habeas corpus challenging his disciplinary conviction for attempting to traffic in contraband, which resulted in a loss of good time. Indiana prisoners have a liberty interest in earned good time and in maintaining their classification for purposes of …
Confiscation of Prisoner Author's Book on Anarchy States Claim by The plaintiff alleged that he was attempting to write a book titled "A for Anarchy," and his materials were confiscated and destroyed. On initial screening, the court declines to dismiss at the pleading stage. The Seventh Circuit has held that …
