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Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
Article • May 15, 2007
Washington DOC Pays $60,000 in Prisoner Work Injury by In November of 1999, the State of Washington and the Department of Corrections paid George Vilsack $60,000. On August 4, 1995, Vilsack, a prisoner Washington State Penitentiary in Walla Walla, Washington fell from a scaffolding. Vilsack was instructed by the DOC …
Washington DOC Pays $50,000 to Injured Contractor by In 1999, the State of Washington paid Ramon Martin $50,000. Martin, a free citizen of the State of Washington was employed as a contractor with Washington State. On June 30, 1996, Martin delivered a bucket loader to Clallam Bay Corrections Center in …
Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Article • May 15, 2007
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, …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 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 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. …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
Article • May 15, 2007
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 …
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