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Article • May 15, 2007
Filed under: Classification, Zoning
Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down by Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that a Cincinnati, Ohio, municipal ordinance banning persons convicted of …
Article • May 15, 2007
Claim of Juror Alcohol Use Does Not Warrant Evidentiary Hearing by The U.S. Supreme Court held that a district court's refusal to hold an evidentiary hearing on allegations that jurors used alcohol during a criminal trial was not in error. Defendants, two friends who were involved in an allegedly illicit …
County Officials Not Liable in Prisoner' Beating by Fellow Prisoner by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Kentucky, held that Ohio County, Kentucky, jail officials were not liable for a prisoner's vicious beating by a fellow prisoner. Sherman Taylor and Charles …
Article • May 15, 2007
Deliberate Indifference Survives Summary Judgment by The U.S. Southern District Court of Ohio determined a prisoner's claim of deliberate indifference should survive summary judgment. Morris Gulett, a white supremacist and pre-trial detainee, was housed in an eleven-man tank in the Montgomery County jail in Ohio. Each prisoner was confined to …
Article • May 15, 2007
Denial of AIDS Cocktail: Actionable in Tacoma Jail Suit by The Ninth Circuit Court of Appeals held that officials at the Pierce County Jail in Washington State are not entitled to qualified immunity for their failure to provide a pre-trial detainee an AIDS "cocktail" promptly upon booking. The detainee was …
Denial of Compensation to Unemployed Prisoner Doesn't Violate Constitution by The U.S. Third Circuit Court of Appeals upheld a Pennsylvania federal district court's dismissal of a state prisoner's suit where the prisoner claimed that denial of "idle pay" violated his constitutional rights. Joseph Fidtler sued the Pennsylvania Department of Corrections …
Diabetic ND Prisoner's Forced Medical Treatment Upheld by North Dakota State Penitentiary prisoner August T. Vogel, who is serving a 90-year sentence for first degree murder, refused medical monitoring and treatment for his diabetes after he was removed from work release, lost his job and was denied a parole board …
Article • May 15, 2007
Dismissal of Federal Habeas Claim Over Living Conditions Reversed by The U.S. Supreme Court reversed and remanded the dismissal of prisoners' habeas corpus action challenging their living conditions. Missouri state prisoners confined in maximum security brought state habeas corpus action challenging living conditions but did not seek release. The action …
Article • May 15, 2007
Dismissal Reversed Where Record Unclear on Administrative Remedy Exhaustion by The U.S. Seventh Circuit Court of Appeals vacated the dismissal of a prisoner's civil rights suit by the U.S. District Court for the Western District of Wisconsin where the record was unclear regarding exhaustion of administrative remedies. John M. Howe, …
Article • May 15, 2007
District Court Denies Physician's Assistant's Motion to Dismiss by The U.S. District Court for the District of Maine denied a motion to dismiss filed by a jail's physician's assistant in a claim of deliberate indifference to a serious medical need. In September 2001, Robert Dellairo was seen by an emergency …
Article • May 15, 2007
Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge by Fifth Circuit Upholds Summary Judgment of Texas Prisoners' Religious Challenge On May 7, 2004 the U.S. Fifth Circuit Court of Appeals held that religious accommodations provided by the Texas Department of Criminal Justice (TDCJ) were constitutional and that the …
Article • May 15, 2007
Federal Officials Subject to Suit for Damages by In this landmark ruling the U.S. Supreme Court held that damages can be recovered from a complaint that states a federal cause of action under the Fourth Amendment if injury can be proven. This was the first time the Supreme Court upheld …
Article • May 15, 2007
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Adequate Facts Must be Stated in 1983 Legal Mail Claim by The Eighth Circuit Court of Appeals affirmed a District Court's order dismissing a Missouri prisoner's 42.U.S.C §1983 action alleging retaliation and requiring him to open legal mail in front of prison officials, and the grant of summary judgment on …
Article • May 15, 2007
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Backsliding Not Proof of Religious Insincerity by The U.S. Court of Appeals for the Seventh Circuit vacated and remanded a district court decision dismissing a prisoner's free exercise of religion and equal protection claims. Plaintiff, an Illinois state prisoner who professed to be Rastafarian, brought a federal civil rights lawsuit …
Bivens Action Legitimate For Deceased Prisoner's Mother To Pursue Damages by The U.S. Supreme Court held that a Bivens remedy was available to the mother of a prisoner who died while in custody and that the remedy was governed by federal law. Respondent, mother of a prisoner who died while …
Article • May 15, 2007
Body Cavity Searches Reasonable and Unreasonable by The 5th Circuit Court of Appeals has held that prisoners retain some degree of Fourth Amendment rights and that the government must justify the reasonableness, and in some cases give notice, before conducting body cavity searches on prisoners. Body cavity searches were performed …
Article • May 15, 2007
Filed under: Sentencing, Good Time
CA Detainees Not Entitled to One-for-One Credits by California's Fifth District Court of Appeals held a pre trial detainee, who is later convicted and sentenced to prison, is not entitled to good time credits under Penal Code section 2933, which grants one-for-one good time credits to prisoners engaged in a …
California Granted Immunity in Parolee Wrongful Death Suit by George Martinez filed a lawsuit in the Superior Court of San Diego County against the Department of Corrections (DOC) and the State of California (defendants) for the wrongful death of his daughter, Mary Ellen Martinez, who was kidnapped and murdered by …
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