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Article • May 15, 2007
Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits by Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits The U.S. Supreme Court held that an evidentiary hearing was not required to terminate Social Security worker disability benefits, and that the district court had jurisdiction to hear the …
Article • May 15, 2007
Excessive Account Deductions May State First Amendment Claim by The U.S. Eighth Circuit Court of Appeals partly reversed dismissal of a Missouri prisoner's civil rights complaint alleging that a prison official was retaliating against him for filing lawsuits by deducting excessive amounts of money from his prison account. George Brown, …
Article • May 15, 2007
Failure to Administer Doctor's Treatment Plan States Eighth Amendment Claim by The Sixth Circuit Court of Appeals held that a nurse's failure to administer treatment ordered by a doctor states an Eighth Amendment violation that is not entitled to a qualified immunity defense. David G. Boretti, a Michigan prisoner, was …
Article • May 15, 2007
Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction by Dismissal Without Prejudice to Amend Requires Final Judgment if Amendment Not Filed to Invoke Appellate Jurisdiction The Ninth Circuit Court of Appeals held a district court must enter a final judgment before appellate …
Article • May 15, 2007
Federal Filed Rate Doctrine Preempts State Action Challenging Prisoner Phone Rates by The New Hampshire Supreme Court has held that the federal filed rate doctrine preempts, state causes of action for violation of the anti- monopoly statute and the Consumer Protection Act (CPA). This action was brought by friends and …
Article • May 15, 2007
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
Article • May 15, 2007
Federal Probationer Not Required To Give DNA For Prior Conviction by The U.S. Eastern District Court of California determined that taking DNA for a prior conviction violated the Fourth Amendment ban on illegal searches. Danny Miles was on federally supervised release in California for possession of a firearm by a …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Article • May 15, 2007
Parolee Negligent Supervision DUI Death Suit Settles for $6,000 by Tracy Joe Enoch-Jeune was convicted on four separate occasions of DUI or possession of drugs. Upon release from jail the final time, she was supposed to report to a probation officer within 24 hours. She never appeared and remained at …
Article • May 15, 2007
Pending Grievance Does Not Satisfy PLRA Exhaustion Requirement by The U.S. Seventh Circuit Court of Appeals, upholding a federal district court's dismissal of a jail prisoner's 42 U.S.C. §1983 suit, held that administrative remedies are not exhausted so long as a grievance is "pending." Lawrence Winder was a pretrial detainee …
Article • May 15, 2007
Pennsylvania: $5,442,000 Award For Failure To Treat Ruptured Spleen by On November 11, 1994, a jury in Philadelphia County, Pennsylvania, awarded $5,442,000 to a prisoner whose ruptured spleen went untreated. On March 4, 1987, while imprisoned at the Philadelphia House of Detention, plaintiff, 37, suffered a fall at the prison …
Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances by Placing Prisoner on Modified Grievance Access Held Constitutional Under Circumstances The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's claim that his civil rights were violated when prison officials placed …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
Article • May 15, 2007
Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required by Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required The U.S. Court of Appeals for the Seventh Circuit held that while polygraph evidence could be used in prison disciplinary hearings, polygraph evidence alone was insufficient to find a …
Article • May 15, 2007
Prison Can Deduct All Wages from Prisoner to Satisfy Debt by The U.S. Sixth Circuit Court of Appeals, affirming a federal district court in Michigan, held that withdrawal of all funds from a prisoner's account to satisfy court debts did not violate due process, did not block access to the …
Prison Disciplinary Conviction Creates Property Interest by The U.S. District Court for the State of New Jersey held that a state prisoner was entitled to due process in determining the amount of restitution owed in connection with a prison disciplinary conviction: Alexander Artway, a NJ state prisoner, was charged with …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Parole
Massachusetts Good Time Deducted From Parole Eligibility Date by The Supreme Judicial Court of Massachusetts held that good conduct time for state prisoners must be deducted from their parole eligibility date (calculated as a fraction of the minimum sentence imposed by the judge) and deference was not to be given …
Article • May 15, 2007
$277 Awarded for Costs in Washington Records Disclosure Suit by A Washington Superior Court judge, Thurston County, awarded Airway Heights Correctional Center prisoner Donald W. Miniken, $277.39 in costs in litigating a Public Disclosure Act lawsuit. In January 1998, Miniken requested the Washington Department of Corrections (WDOC) to provide him …
Municipalities and Local Officials "Persons" Under § 1983 by Municipalities and Local Officials "Persons" Under § 1983 The U.S. Supreme Court held, inter alia, that both municipalities and local government officials being sued in their official capacity were "persons" for § 1983 purposes. Female employees of two New York City …
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