Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Arizona and Indiana Prisoner Uprising at GEO-Run Prison in Indiana by by Matt Clarke On April 24, 2007, about 500 Arizona and Illinois prisoners at a privately-run facility owned by the Indiana Department of Corrections (IDOC) participated in an uprising. The prison is operated by the Boca Raton, Florida-based GEO …
Innocent Indiana Man Awarded $9 Million for 20 Years Imprisonment by An Indiana federal jury awarded Larry Mayes $9 million for actions taken by police officers of Indiana's City of Hammond, which resulted in Mayes being convicted of a rape he did not commit. As a result of those actions, …
Indiana DOC Agrees to Remove Mentally Ill Prisoners from Control Units by The Indiana Department of Corrections (IDC) settled a class action lawsuit brought by mentally ill prisoners whose Eighth Amendment rights had been trampled since 1993 by IDC policy that placed them in long-term disciplinary housing instead of treating …
Findings of Fact by Indiana Disciplinary Panel Not Entitled toPresumption of Correctness for Federal Habeas Purposes by John Dannenberg by John E. Dannenberg Seeking to clarify an "established proposition frequently ... overlooked in litigation arising from Indiana's prison system," the Seventh Circuit U.S. Court of Appeals held that the lower …
O.K. to Ban Suspicious Indiana Sex Offender from Parks by The Seventh Circuit Court of Appeals held that a registered sex offender who had been observed behaving suspiciously could be permanently banned from a city?s parks. Robert Brown, a registered sex offender who had a single conviction for child molestation, …
Government Segregates Muslim Prisoners Restricts Phone Calls and Visits by Government Segregates Muslim Prisoners, Restricts Phone Calls and Visits By William Fisher Legal authorities are charging that racial profiling is responsible for low-risk Muslim prisoners convicted for crimes the Justice Department intimates are terror-related being held in a segregated unit, …
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 …
