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Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Article • October 15, 2007 • from PLN October, 2007
Minnesota Sanction for Sex Offender Treatment Refusal Violates Fifth Amendment by The Minnesota Court of Appeals held that disciplining a prisoner and extending his prison sentence for refusal to participate in sex offender treatment was a violation of the Fifth Amendment. The appellate court concluded that State ex rel. Morrow …
Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
Physical, Mental Suffering Resulting from Extra Duty States Claim by In this apparently novel issue in which Louisiana prisoners alleged that extra duty imposed as a punishment for violating prison rules constituted cruel and unusual punishment, the U.S. Fifth Circuit Court of Appeals held that the prisoners stated a claim …
Article • May 15, 2007
Pretrial Detainees May Not Be Disciplined or Denied Family Visits by The United States District Court for the District of Maryland ruled that pre-trial detainees may not be disciplined in any way, and should be permitted to visit with family members and enjoy other privileges. Pre-trial detainees at the Baltimore …
Article • May 15, 2007
No Visitation Type Restriction for Possession of Marijuana by The New York Supreme Court held that the state's prisoners could not be restricted to non-contact visitation because a disciplinary hearing finding of being in possession of marijuana on the compound. The prisoners had received 180 to 270 days of non-contact …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Article • May 15, 2007
Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court by David Reutter Lawsuit Challenging BOP's Reporter/Writer Pay Ban Regulation Remanded to District Court By David M. Reutter The Tenth Circuit Court of Appeals has held that it does not have jurisdiction to hear an appeal of a partial …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
$600 Awarded in MO Detainee's Illegal Segregation Claim by A Missouri Federal District Court, in a bench trial, held officials at the Medium Security Institution of the City of St. Louis violated a pre-trial detainee's due process rights by their custom of not distinguishing between pre-trial detainees and convicted prisoners. …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
$51,050 Paid in WA Retaliation Claim by Mark Wayne Clark had previously prevailed in a retaliation lawsuit against Sgt. Patrick O'Conner while at the Washington State Penitentiary when he was placed in O'Conner's unit at the prison. Shortly thereafter, O'Conner began harassing Clark and instituted disciplinary proceedings stating Clark had …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
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