Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Settlement Reached In Indiana Juvenile Conditions Of Confinement Action by On February 8, 2006, the Indiana Department of Corrections (IDOC) reached a settlement agreement with the United States Department of Justice (DOJ) regarding conditions of confinement of juvenile prisoners at Logansport Intake/Diagnostic Facility and South Bend Juvenile Correctional Facility. The …
Jail Clothing Change Process Not a Strip Search by The plaintiff was arrested one night and released the following morning. Both coming and going, she was required to change clothing in a doorless room under the continuous observation of a female jail officer. The defendants argued that their procedure was …
$22,500 Awarded, Due Process Required for Forced Drugging by $22, 500 Awarded, Due Process Required for Forced Drugging The court of appeals for the Seventh circuit held that an Indiana prisoner was competent to decide whether or not to take medication for schizophrenia. The prisoner was forcibly drugged and the …
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
Malicious and Sadistic Use of Force States Claim by An Indiana federal district court held that state prisoner Nathaniel Jones-Bey alleged sufficient facts to defeat the defendants' motion for summary judgment on his excessive use of force claim. While housed at the Maximum Control Facility in Westville, Indiana, Jones-Bey was …
Loss of Prisoner's Dentures and Heart Medication Valid Claims by The court of appeals for the Seventh circuit has held that a guard's intentional loss of a prisoner's dentures and heart medication is actionable under 42 U.S.C. § 1983 as two separate claims for deliberate indifference to serious medical needs …
Damage Judgment Against Indiana Warden Vacated by The Seventh Circuit Court of Appeals vacated a damage judgment against an Indiana State Prison Warden in his official capacity. The Indiana Northern District Court's decision to award damages against the State violated the Eleventh Amendment and must be reversed. The case was …
Loss of Good-Time Credit, Transfer Not Excessive Disciplinary Sanctions by The U.S. Seventh Circuit Court of Appeals upheld denial of a state prisoner's habeas corpus petition challenging prison disciplinary sanctions imposed upon him. The court held that Federal courts do have jurisdiction to consider habeas petitions from prison disciplinary hearings, …
US Supreme Court Holds That Witness Immunity Applies to All Witnesses. by The US Supreme Court held that all witnesses, governmental or private, that are an integral part of a judicial process in criminal or civil cases, have absolute immunity from subsequent damage liabilities and from suit. The Supreme Court …
Retaliatory Transfer for Seeking Creation of Law Library Unconstitutional by The Court of Appeals for the Seventh Circuit reversed an Indiana district court's order dismissing a prisoner's § 1983 action alleging alternative theories of retaliation to justify his transfer. The appellate court found that all of the theories might be …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley …
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
Evidentiary Hearing Required for Legal Mail Rights by The Seventh Circuit held that federal prisoners' First Amendment rights with regard to mail inspection by prison officials warranted an evidentiary hearing. Christopher John Martin and Brett C. Kimberlin sought to enjoin the practice of prison officials treating all incoming mail as …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Post-sentence Report Adequate Where Pre-sentence Report Unavailable by The U.S. Seventh Circuit Court of Appeals held that a post-sentence report was an adequate substitute for a pre-sentence report where the latter was unavailable. Kendall Warner was convicted in 1985 of sending threatening communications through the mail, 18 U.S.C. §876, ¶ …
$210,000 Awarded Indiana Guard for Retaliation by Supervisors by An Indiana federal jury awarded guard Nancy Spiegla $210,000 in a lawsuit alleging retaliation for her protected speech rights. Spiegla had worked at Indiana's Westville Correctional Facility since 1985. She was known as a stickler for applying rules, and for years …
Indigents Cannot be Denied Post-Conviction Transcripts or Appeals by The United States Supreme Court held that a state may not deny post-conviction appellate review to a prisoner, who could not afford the to acquire a transcript of the proceedings. Oddly, this case stems from the 1945 Indiana enactment of the …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
