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Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
California Criminal Defendant Must Make Preliminary Showing of Exculpatory Evidence in Police File by The Ninth Circuit Court of Appeals held a criminal defendant must make a preliminary showing that a police personnel file contains evidence material to his defense to be provided the file in discovery. This case was …
Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunityndants Get Qualified Immunity by Washington Prisoners Challenge Confinement Beyond EERD; Class Action Certification Granted; Defendants Get Qualified Immunity On December 22, 2004, four former prisoners of the Washington Department Of Corrections (WDOC) brought suit in federal …
Article • May 15, 2007
Eighth Circuit: No Constitutionally Protected Interest in Iowa Prison Wages by The U.S. Eighth Circuit Court of Appeals held that deductions made from an Iowa prisoner's wages to pay court costs were constitutional. Iowa prisoner John Hrbek was convicted of murder in a state court. As part of his sentence, …
Eleventh Circuit: Documents Requested From DOJ Exempt Under FOIA by The U.S. Court of Appeals for the Eleventh Circuit held that certain documents requested from the Department of Justice (DOJ) concerning disciplinary proceedings against the Assistant United States Attorney (AUSA) were exempt under the Freedom of Information Act (FOIA). The …
Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
Article • May 15, 2007
Federal District Court Orders Missouri's Platte County Jail Closed by The United States District Court for the Western District of Missouri ordered the Platte County Jail closed due to substandard conditions. Platte County jail prisoners filed suit under 42 U.S.C. §1983 against the jail, claiming violations of the Eighth Amendment's …
Article • May 15, 2007
Equitable Tolling Applies to AEDPA by The Eighth Circuit Court of Appeals held that equitable tolling applies to the one-year statute of limitations for filing federal habeas corpus petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a …
PI Orders Inspection of Iowa Juvenile Mental Facility and Records by An Iowa federal district court issued a preliminary injunction requiring the Gerard Treatment Program, a children's psychiatric medical institution in Mason City, to allow Iowa Protection and Advocacy Services, Inc. (IPAS) to have access to the facility and its …
Article • May 15, 2007
Massachusetts Prisoner Awarded $3000 for Destroyed Mail by A federal district court in Massachusetts held that a guard violated the First Amendment by destroying two letters addressed to a segregated prisoner. The prisoner brought a § 1983 lawsuit challenging the mailroom's action. The United States District Court agreed with the …
Article • May 15, 2007
Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified by Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified The Ninth Circuit Court of Appeals held Arizona Prisoners not parties to a 1973 consent decree had standing to enforce that …
Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Article • May 15, 2007
No Per Se Application of Fugitive From Justice Rule by The U.S. Court of Appeals for the Eighth Circuit held that the "fugitive from justice rule" should not be applied in a per se manner in civil cases. James Perko, a Missouri state prisoner, brought a § 1983 action against …
No SJ for Police Who Injured State Prisoner by The U.S. Court of Appeals for the First Circuit held that summary judgment in favor of police officers who were being sued by a state prisoner was precluded by issues of fact. Local and state police responded to a call for …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
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