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Missing Ramadan Deadline Insufficient Cause to Deny Right to Attend by Bob Williams The United States Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's free exercise of religion claim, finding that missing a sign-up deadline for Ramadan was an insufficient reason to deny a …
Article • December 15, 2007
Filed under: Police, False Arrest
Once Court Orders Arrestee Held, Police Have No Duty to Investigate Mistaken Identity by The Seventh Circuit Court of Appeals has held that once an arrested person has been brought before a court and ordered held, law enforcement has no duty to verify claims of mistaken identity. Chicago police stopped …
Article • December 15, 2007
Filed under: Searches, Strip Searches
MA Prisoner’s Rights Not Violated by Strip Searches by MA Prisoner's Rights Not Violated by Strip Searches In 1987, William Langton, a Massachusetts state prisoner, was strip searched every time he left or returned to his cell. Since he was never found in possession of contraband, he believed the searches …
Article • December 15, 2007
MA Man’s Blood Test from Hospital Admissible in Drunk Driving Trial by MA Man's Blood Test from Hospital Admissible in Drunk Driving Trial Michael Dube, defendant in a Massachusetts state court proceeding for drunk driving, went to the hospital after being in a car wreck. His blood alcohol level was …
IL Prisoner Beaten by Cops and Not Provided Medical Attention States 1983 and Negligence Claims by Faried El-Uri, a prisoner of the city of Chicago, Illinois was knocked down and kicked in the stomach by a detective during questioning so hard that his spleen was ruptured. He moved slowly and …
Article • December 15, 2007
Human Bargaining Chips by Joanne Mariner By JOANNE MARINER Tuesday, Jun. 26, 2007 In the new world that we've created under the label of the "war on terror" -- a world in which the U.S. government has adopted the investigative techniques of Pakistan, Egypt and Saudi Arabia -- hostage-taking is …
Article • December 15, 2007
Alabama Corporations Serving Municipalities Ordered to Comply With Open Records Act by The Water Works and Sewer Board (Board) of the City of Talladega, Alabama, appealed its court ordered subjection to records disclosure under the State's Open Records Act (Act). Consolidated Publishing, Inc. (Publisher), appealed the same ruling as to …
Article • December 15, 2007
Texas DA's Closed Files Exempt From Disclosure Under Act by Harris County, Texas, District Attorney (DA) John Holmes appealed an appellate affirmation ordering the disclosure of "closed" investigative files. The order was reversed because internal records disclosure was not statutorily mandated. Holmes possessed active and closed files of past and …
Article • December 15, 2007
Texas Grand Jury Information, Prisoners' Record Requests Statutorily Denied by Texas State pro se prisoner Alvin Harrison appealed the dismissal of his petition for a writ of mandamus regarding the 1997 denial of his request for grand jury documents involved in his conviction. Dismissal was affirmed because grand jury documents …
Article • December 15, 2007
Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings by Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily …
Willful and Malicious Act Required for Minnesota fficial Immunity Precludes Summary Judgment by Minnesota state prisoner Brooks Fisher was assaulted during his imprisonment between 1998 and 2003. He sued the State of Minnesota and the Minnesota Department of Corrections plus several employees under § 1983 and the state constitution for …
Article • December 15, 2007
Op-Ed: TYC Facilities Need Independent Oversight by Michele Deitch Op-Ed: TYC Facilities Need Independent Oversight? Michele Deitch?3-22-07 The scandal engulfing the Texas Youth Commission has thus far provoked governmental responses that involve temporary investigative measures. We have heard calls for the appointment of a conservator, a new TYC board, a …
Article • December 15, 2007
1983 Action Deemed Successive Habeas Petition; Reversed by Supreme Court by The Eleventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 action, alleging that death by lethal injection causes pain and unnecessary suffering that constitutes cruel and unusual punishment, is the "functional equivalent" of a habeas claim. …
Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Article • December 15, 2007
Chinese Citizen's Misdemeanor Assault Does Not Justify Removal Under Crime of Violence; Entitled to Fees Under EAJA by China native and permanent U.S. resident Hua Fang's misdemeanor assault in Montana led a U.S. Immigration Judge (IJ) to order his deportation. The Board of Immigration Appeals (BIA) affirmed the order without …
Article • December 15, 2007
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • December 15, 2007
TN Chancery Court Must Award Reasonable, Rather Than All, Costs and Fees to Winner in Public Records Act Cases by The Pollow family settled a civil rights action against police in Memphis, Tennessee after officers killed Adam Pollow while "restraining" him. The Settlement Agreement (Agreement) netted the Pollows $475,000. Contemporary …
Total Exhaustion Rule Should Apply Separately to Each Plaintiff by The Tenth Circuit Court of Appeals has held that when multiple prisoners join in a civil rights complaint, but only one of those prisoners has exhausted administrative remedies on all of the claims asserted, it is error to dismiss the …
Article • December 15, 2007
Filed under: Mental Health
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
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