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Prisoner's Second Complaint Frivolous, Appeal Not, on Claim Preclusion by Affirming an Illinois federal district court on other grounds, the U.S. Seventh Circuit Court of Appeals held that a prisoner's second complaint under 42 U.S.C. § 1983 against prison officials for violating his Eighth Amendment rights was barred by claim …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Canadian Crime Victim Settles Halfway House Suit for $215,000 by On January 22, 2001, the Correctional Services of Canada agreed to pay an unidentified female rape victim $215,000 (Canadian) hours before her civil suit for damages was scheduled to begin. In 1998 the victim was attacked by James Armbruster, described …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Private Corporations Subject to Florida's Public Records Act by Florida's Fourth District Court of Appeals has reversed a Broward County Circuit Court's order dismissing a petition for writ of mandamus, seeking to compel Aramark Food Service to provide a copy of the food service contract between Aramark and the Florida …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Article • May 15, 2007
Police Officers' Names Not Exempt Under WA's Open Records Act by The Court of Appeals of Washington, Division I, held that the full names and rank of police officers were not exempt from disclosure under the open records provision of Washington's Public Disclosure Act and that the County was subject …
Article • May 15, 2007
Prisoners' Motion and Petition Granted, Judgment Vacated by Prisoners in the Bexar County (Texas) Jail filed a suit under 42 U.S.C. § 1983, alleging of inadequate access to law books. The district court summarily dismissed the suit and the Fifth Circuit refused to docket the appeal because the prisoners had …
Article • May 15, 2007
U. S. Marshals Need Not Transport State Prisoners to Court by The United States District Court for the Eastern District of Pennsylvania issued writs of habeas corpus ad testificandum for five prisoner witnesses to appear in a civil rights action against Philadelphia County Jail officials. The writs instructed the wardens …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Article • May 15, 2007
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Article • May 15, 2007
Secretary Error Allows for Late California Tort Claim by California's Third Appellate District has held that a trial court abused its discretion in denying a prisoner's motion for leave to file a late government tort claim. Before the Court was the appeal of Manuel Renteria, who sought to pursue a …
Article • May 15, 2007
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John Dannenberg California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment …
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