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Qualified Immunity Granted in Mail Inspection Case
Article • May 15, 2007
Filed under: Qualified Immunity, Mail, Mail Regulations, Due Process, Legal Mail
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Third Circuit Upholds "Publisher Only" Rule
Article • May 15, 2007
Filed under: Mail, Publications/Books, Mail Regulations
Third Circuit Upholds "Publisher Only" Rule by Third Circuit Upholds "Publisher Only" Rule The Third Circuit Court of Appeals held that a Delaware prisoner's affidavit was insufficient to controvert a prison warden's affidavit, justifying a publisher-only policy. In the district court the prisoner responded to prison officials' motion for summary …
New York Prison Censorship Rules Invalidated
Article • May 15, 2007
Filed under: Sexually Explicit Materials, Mail Regulations, Media, Censorship
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Prison Officials Must Support Mail Policy With Evidence
Article • May 15, 2007
Filed under: Mail, Publications/Books, Mail Regulations
Prison Officials Must Support Mail Policy With Evidence by The Fifth Circuit Court of Appeals held in an Alabama case that "Alabama must show how applying its sweeping regulation [prohibiting prisoners in segregation from sending or receiving mail from other prisoners] . . . furthers its legitimate penological objectives. Alabama's …
Prisoner Burned Washington DOC Paid $4,500
Article • May 15, 2007
Filed under: Workplace Injury, Work Conditions/Safety, Immunity/Liability, Premises Liability
Prisoner Burned Washington DOC Paid $4,500 by On June 3, 1994, John L. Cox, a prisoner confined at the Twin Rivers Correctional Facility in Monroe, Washington, was severely burned. Cox, working as a steam fitter, was ordered to remove a fitting to repair a broken pump when the fitting blew …
Washington DOC Pays $10,500 in Slip and Fall
Article • May 15, 2007
Filed under: Prison Labor, Workplace Injury, Work Conditions/Safety, Immunity/Liability, Premises Liability
Washington DOC Pays $10,500 in Slip and Fall by In 1997, the State of Washington and the Department of Corrections paid Mark A. Kostatelos $10,500. Kostatelos, a prisoner residing at McNeil Island Correctional Center in Steilacoom County, Washington, worked in the marine maintenance and repair shop as a marine mechanic. …
Evidence From Tape-Recorded Conversation Not Admissible
Article • May 15, 2007
Filed under: Criminal Prosecution, Telephones, Telephone Monitoring
Evidence From Tape-Recorded Conversation Not Admissible by In this criminal proceeding, the Supreme Court of California held that evidence from a car towed from defendant's apartment was admissible, but evidence from a tape-recorded conversation between the defendant and his wife was not. After his arrest, defendant's wife was permitted to …
No Legal Malpractice Claim Without Post-Conviction Relief
Article • May 15, 2007
Filed under: Attorneys, Malpractice (Attorneys)
No Legal Malpractice Claim Without Post-Conviction Relief by The Supreme Court of Tennessee held that a prisoner could not sue his former defense attorneys for legal malpractice unless he won post-conviction relief. Defendant and numerous co-defendants were arrested and indicted on federal drug charges. Defendant's attorneys asked him to persuade …
Escaped Prisoner Has Limited Expectation of Privacy
Article • May 15, 2007
Filed under: Arrestee Searches, Police Searches, Crime/Demographics, Escapes
Escaped Prisoner Has Limited Expectation of Privacy by The U.S. Court of Appeals for the Second Circuit ruled that an escaped prisoner is considered to be in constructive custody and therefore has a limited expectation of privacy. Roy, an escaped prisoner, was detained by Rocky Hill., Connecticut police on suspicion …
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot
Article • May 15, 2007
Filed under: Court Access, Standing, Mail Regulations, Postage, Legal Mail
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Summary Judgment Cannot Be Granted Solely on Failure to Respond
Article • May 15, 2007
Filed under: Appointment of Counsel, Civil Procedure, Summary Judgment
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Racial Discrimination Case Reversed and Remanded for Damages
Article • May 15, 2007
Filed under: Racial Discrimination, Disciplinary Hearings, Disciplinary Litigation
Racial Discrimination Case Reversed and Remanded for Damages by The U.S. Court of Appeals for the Eighth Circuit reversed a U.S. district court's finding that a Nebraska prison official did not racially discriminate against a state prisoner and remanded for a damages hearing. Prisoner Plaintiff brought a §1983 action after …
Houston v. Lack Tolls Statute of Limitations
Article • May 15, 2007
Filed under: Civil Procedure, Limitations
Houston v. Lack Tolls Statute of Limitations by The U.S. Second Circuit Court of Appeals held that the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed2d 245 (1988) tolls the statute of limitations during the interval between the date a prisoner delivered to prison …
Prisoners Have No Right to Face-to-Face Media Interviews
Article • May 15, 2007
Filed under: Visiting, Access to Media
Prisoners Have No Right to Face-to-Face Media Interviews by The Supreme Court held that neither prisoners nor the media have the right to conduct face-to-face interviews with specific prisoners designated by members of the media. California state prisoners and media members sought permission for face-to-face interviews. Prison officials denied permission …
Michigan Sex Offender Registration Enjoined
Article • May 15, 2007
Filed under: Discrimination, Sex Offender Registration, Sex Offenders (Discrimination)
Michigan Sex Offender Registration Enjoined by The United States District Court, E.D. Michigan, Southern Division found that the Michigan statute requiring the registration of sexual offenders violated due process. The statute was challenged by a plaintiff convicted of a sex offense which mandated continuing legal obligations, public disclosure, and criminal …
Particulars to Be Considered in Indigent Prisoner's Request for Counsel
Article • May 15, 2007
Filed under: Medical, Systemic Medical Neglect, Appointment of Counsel
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Eighth Circuit Approves Sexually Explicit Reading Rooms
Article • May 15, 2007
Filed under: Mail, Sexually Explicit Materials
Eighth Circuit Approves Sexually Explicit Reading Rooms by The Eighth Circuit Court of Appeals upheld an Iowa prison rule prohibiting prisoners from possessing certain sexually explicit materials in their cells but allowing those publications to be reviewed in a reading room. The court held that the ban is constitutionally valid …
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban
Article • May 15, 2007
Filed under: Mail, Photos, Publications/Books, Sexually Explicit Materials, Mail Regulations
Ninth Circuit Invalidates Sexually Explicit Photograph/Publication Ban by In 1982, the Ninth Circuit Court of Appeals held that a Montana prison rule prohibiting nude photographs was too broad and that less restrictive alternatives existed. The court also held that a ban on sexually explicit magazines such as Hustler violated the …
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials
Article • May 15, 2007
Filed under: Strip Searches, Photographing, Attorney Fee Awards, Civil Procedure, Damages
Ninth Circuit Assesses Double Costs, Fees, and Damages Against Montana Prison Officials by Following remand in Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982), Montana prison officials appealed the Ninth Circuit's nude photograph ruling. The appeal was dismissed "because it is frivolous and brought in bad faith to vex, …
Fifth Circuit Upholds Sexually Explicit Publication Ban
Article • May 15, 2007
Filed under: Mail, Sexually Explicit Materials
Fifth Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a Texas prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guajardo v. Estelle, 568 F.Supp. 135 (SD TX 1983) …
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