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Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • July 15, 2008
Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property by The Seventh Circuit Court of Appeals reaffirmed an earlier holding that the government is not immune from suit for lost property. During a February 2000 “shake down,” federal prisoner David Dahler had a pair of shoes and four …
Article • July 15, 2008
US Parole Restrictions on Computer Access Reversed by The Ninth Circuit Court of Appeals has vacated portions of a district court’s order of supervised release that it found were unnecessary deprivations. Between December 2002 and mid-January 2003, Thomas Sales used his scanner and printer to make counterfeit $20 bills. Following …
Article • July 15, 2008
California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg by John E. Dannenberg The California Court of Appeals has held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing medically-approved marijuana into a jail …
Article • July 15, 2008
Filed under: Sentencing, Parole
One Dollar Awarded Pennsylvania Prisoner For Arbitrary Parole Denial by Pennsylvania State prisoner Alex Davis brought a 42 U.S.C. § 1983 action against personnel at SCI-Graterford prison in 2003 claiming deprivation of rights. He alleged due process violation for arbitrary parole denial. The jury awarded him one dollar. Davis sold …
Article • July 15, 2008
Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act by The North Carolina Court of Appeals has held that a contract by a public hospital to purchase a medical practice is not “competitive health care information” that exempts the contract form the State’s Public Records Act. Before …
Article • July 15, 2008
$40,000 Awarded Four Texas Probation Department Employees In Sexual Harassment Suit, by Nueces County (Texas) Community Supervision an Corrections Department (Department) probation officers Elana Rodriguez, Ida Aguilar, Carolina Balli-Kolpak and Sylvia Westrup filed § 1983 and Title VII civil rights action in 2007 against state officials. They claimed sexual harassment …
Article • July 15, 2008
West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions by Roger Wyant and Lorenzo Valentine (Prisoners), both West Virginia state prisoners, challenged their criminal convictions through state Habeas Corpus actions. They sued in State Court to compel a county clerk to provide them with court documents …
Article • July 15, 2008
West Virginia Police Report of Fight Between Juveniles is a Disclosable Public Record Under State FOIA by Ogden Newspapers, Inc. (Paper), sued the City of Williamstown in state court to compel disclosure of police reports about a fight between two juveniles, pursuant to the state Freedom of Information Act (FOIA), …
Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons by On September 29, 1992, a federal district court granted Pennsylvania state prisoners a preliminary injunction ordering the implementation of a new policy on the detection and treatment of tuberculosis (TB) cases in Pennsylvania state prisons. This is a, class-action suit …
Article • July 15, 2008
Prisoner Awarded $3.50 in Product Liability for Defective Shower Shoes by A Massachusetts Superior Court awarded David Jackson, a prisoner at the state prison in Walpole, $3.50 for a products liability claim related to a pair of plastic “deluxe” shower shoes Jackson bought from the prison canteen. The private canteen …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Article • July 15, 2008
West Virginia Jail Payroll Records not “Public Records” for Purposes of State FOIA by The Affiliated Construction Trades Foundation sued a West Virginia jail in state court to compel the compilation and disclosure of payroll records for jail guards, pursuant to the state Freedom of Information Act (FOIA), W.Va. Code …
Article • July 15, 2008
Suits Attack “Dirty Tactics” of Portland, Oregon Police by Four men are suing the Portland Police Bureau in state court, alleging that their civil rights were violated by police “dirty tactics.” Lawyers for the men are calling for an independent investigation of the complaints. On May 27, 2006, while searching …
Article • July 15, 2008
Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments by by Matthew T. Clarke On December 6, 1006, the Texas Court of Criminal Appeals (CCA) held unconstitutional the provision of Article 28.061, Texas Code of Criminal Procedure (CCP), requiring dismissal of a prosecution with prejudice if an indictment is not brought against a …
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