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Page 1991 of 3595. « Previous | 1 2 3 4 ... 1987 1988 1989 1990 1991 1992 1993 1994 1995 ... 3591 3592 3593 3594 3595 | Next »

Ohio Prison Employee Loses Suit Over Supervisor Bugging Her Desk by The plaintiff civilian employee found a microphone by her desk; her supervisor admitted he had bugged her because he thought there were racial problems in the office. He was suspended; nothing happened to her. She had no claim against …
Article • May 15, 2008
Texas Clemency Procedures Constitutional by The Texas clemency procedures did not deny due process. Only minimal procedural safeguards apply. Prisoners can submit whatever information they want and the Board members review whatever they think is material to the request. That is enough. See: Faulder v. Texas Bd. of Pardons & …
Article • May 15, 2008
Filed under: Work, Prison Labor
Okay to Force Pre Trial Detainee to Work in Jail for Extra Food by The plaintiff said he was forced to serve without payment as a "food cart worker" under threat of discipline. The court denies summary judgment to defendants on the plaintiff's claim of an official policy of making …
Article • May 15, 2008
Preliminary Injunctions/TROs Require Posting of Bond by The Federal Rules prohibit TROs and preliminary injunctions without security "in such sum as the court deems proper." Whether to require a bond is in the court's discretion. At 1374: . . . [C]ourts have held that security is not required in the …
Article • May 15, 2008
No Court Access Violation to Deny Law Library Access to Pro Se Defendant by The criminal defendant knowingly and voluntarily waived the right to counsel and represented himself. The fact that he did so contingent on having access to a law library and legal materials, which were not in fact …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Article • May 15, 2008
Sender’s Right to Privacy in Mail Ends at Delivery by Sender's Right to Privacy in Mail Ends at Delivery Letters are generally protected by an expectation of privacy, but the sender's expectation ordinarily terminates upon delivery. At 1228: "Because Defendant sent the letters to an inmate at a correctional facility, …
Article • May 15, 2008
Parole Condition Banning Porn Access for Sex Offender Upheld by The criminal defendant, convicted of sexually abusing a child, was sentenced to prison and given a condition of subsequent supervised release that he "not possess any sexually stimulating of sexually oriented material deemed inappropriate by his probation officer and/or treatment …
Nassau County Jail Counsel Sanctioned for Misconduct by The court blasts the County Attorney of Nassau County for failing to obey discovery orders, failing to appear at a settlement conference, and failing to appear at a second conference. However, it grants the County's motion to vacate the default judgment, since …
Article • May 15, 2008
Habeas Granted for Defendant Shackled at Trial by A criminal court determined that it would order a criminal defendant shackled during his trial, without establishing a compelling need for the shackling. At 636: "Because visible shackling during trial is so likely to cause a defendant prejudice, it is permitted only …
Court Upholds Kansas Sex Offender Treatment Protocol by The plaintiff, who pleaded nolo contendere to sexual exploitation of a child, was assigned to a Sexual Abuse Treatment Program, which requires that he sign an "Admission of Responsibility" form, listing all past behavior, charged or uncharged, that might have been a …
Article • May 15, 2008
Public Entities Can Assert Attorney Client Privilege by Public entities (the county Board of Commissioners and Sheriff's office) are entitled to assert the attorney-client privilege. Documents prepared in anticipation of being sued under the Civil Rights of Institutionalized Persons Act are protected by the work product doctrine in subsequent § …
Article • May 15, 2008
District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements by District courts are obliged to notify pro se litigants of the nature and consequences of an opposing party's summary judgment motion. There are exceptions when the moving party has provided the requisite notice or when the pro se …
Article • May 15, 2008
BOP Legally Enacted Rules Restricting Early Release for Drug Treated Prisoners by The Bureau of Prisons acted within its authority by making prisoners who were convicted of being a felon in possession of a firearm, or had had their sentences enhanced for possession of a dangerous weapon while committing a …
Article • May 15, 2008
Amended Complaint Can Sue Cops in Individual Capacity by A complaint in a police brutality suit did not specify the capacity in which the defendants were sued. A later amended complaint that specified their individual capacities related back to the time of the original complaint. This may not have been …
Article • May 15, 2008
Number of Plaintiffs Affects Class Certification by At 377: "A class will be deemed sufficiently definite if it is administratively feasible to determine whether a given individual is a member of the class." Id.: Numerosity is generally satisfied by more than 40 members, generally not satisfied by less than 21, …
Court Terminates MA Civil Commitment Center Injunction by The Massachusetts Treatment Center for Sexually Dangerous Persons is not a "prison" and persons civilly committed to it are not "prisoners" for purposes of the PLRA judgment termination provisions Persons committed to it received indeterminate sentences of one day to life to …
Article • May 15, 2008
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
Sheriff May be Liable for Jail Suicide by The decedent was arrested while drunk and promptly hanged himself in a police holding cell. The plaintiffs settled with the city defendants for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to …
Article • May 15, 2008
Exclusion of Violent Offenders from BOP Good Time Program Upheld by The petitioner was denied a sentence reduction after he had successfully completed a substance abuse program. The Federal Bureau of Prisons did not exceed its statutory authority in excluding prisoners who had prior, rather than current, convictions for violent …
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