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Article • May 15, 2007
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
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 …
Article • May 15, 2007
Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist by Equitable Tolling of AEDPA's Limitations if Extraordinary Circumstances Exist The Ninth Circuit Court of Appeals determined that a prisoner under the one-year time limitation of the Antiterrorism and Effective Death Penalty Act (AEDPA) was granted equitable tolling based on extraordinary …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
Article • May 15, 2007
District Court Reversed; Failure to Allow Amendment Abuse of Discretion by The U.S. Tenth Circuit Court of Appeals reversed the U.S. District Court, Colorado, holding that the district court's refusal to permit a Colorado state prisoner to amend his complaint was an abuse of discretion and, moreover, the complaint stated …
Supreme Court Holds Double Celling Not Unconstitutionally Cruel and Unusual by The U.S. Supreme Court held that the policy of "double celling" did not constitute cruel and unusual punishment. Prisoners in an Ohio state maximum security prison brought action under 42 U.S.C. § 1983 against state officials alleging that policy …
Article • May 15, 2007
Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits by Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits The U.S. Supreme Court held that an evidentiary hearing was not required to terminate Social Security worker disability benefits, and that the district court had jurisdiction to hear the …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Article • May 15, 2007
$277 Awarded for Costs in Washington Records Disclosure Suit by A Washington Superior Court judge, Thurston County, awarded Airway Heights Correctional Center prisoner Donald W. Miniken, $277.39 in costs in litigating a Public Disclosure Act lawsuit. In January 1998, Miniken requested the Washington Department of Corrections (WDOC) to provide him …
Municipalities and Local Officials "Persons" Under § 1983 by Municipalities and Local Officials "Persons" Under § 1983 The U.S. Supreme Court held, inter alia, that both municipalities and local government officials being sued in their official capacity were "persons" for § 1983 purposes. Female employees of two New York City …
Article • May 15, 2007
Nominal Damages Upheld in Excessive Force Case by The U.S. Second Circuit Court of Appeals upheld a jury award of only nominal damages in a case involving excessive force by New York State prison guards. Vincent Van Ness, a prisoner in custody of the New York Department of Correctional Services …
Article • May 15, 2007
Ohio Prisoners' Mail-Order Subscription Suit Held Not Frivolous by The U.S. Sixth Circuit Court of Appeals, vacating a federal district court's sua sponte dismissal, held that a suit brought by Ohio prisoners in custody of the Department of Rehabilitation and Correction (DORC) regarding DORC's withholding of certain mail-order magazines and …
Article • May 15, 2007
FL Prisoner Can Seek Belated Appeal of Administrative Appeal Denial by Florida's Second District Court of Appeal held a Florida prisoner may seek belated review of an appeal of disciplinary action where denial of the appeal was signed eight days before it was mailed. The Court found the Hardee Correctional …
Article • May 15, 2007
Former Jail Prisoner's §1983 Complaint Reversed to Add Damages by Former Jail Prisoner's §1983 Complaint Reversed to Add Damages The U.S. Tenth Circuit Court of Appeals in a split decision partly reversed an Oklahoma federal district court's grant of summary judgment to a county sheriff, holding that the district court …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Absent Actual Injury Only Nominal Damages for Due Process Violations by The U.S. Supreme Court held that a procedural due process violation warranted only nominal damages in the absence of actual injury. Plaintiffs, Illinois high school students who had been suspended without due process, brought a §1983 action against the …
Article • May 15, 2007
Abuse of Discretion in Failing to Grant Prisoner Continuance in §1983 Action by Illinois state prisoner Robert Harris filed a 42 U.S.C. §1983 action against prison officials claiming guards interfered with his mail and visiting rights, preventing him from preparing an adequate defense to state criminal charges. The state filed …
Article • May 15, 2007
Attorney Fees Not Reducible for Failure to Win on All Issues by The court of appeals for the Eighth Circuit held that an attorney fee award for the plaintiff as a prevailing party should not be reduced because relief was not granted on every issue alleged or raised in the …
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