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Article • May 15, 2007
Federal District Court Orders Missouri's Platte County Jail Closed by The United States District Court for the Western District of Missouri ordered the Platte County Jail closed due to substandard conditions. Platte County jail prisoners filed suit under 42 U.S.C. §1983 against the jail, claiming violations of the Eighth Amendment's …
Article • May 15, 2007
Federal Prisoners Sanctioned Loss of Good Time for Frivolous Suit by A South Carolina federal district court held a lawsuit filed by two federal prisoners was frivolous and ordered loss of good time credits. The suit was filed by two federal prisoners convicted of various narcotics charges. Their 42 U.S.C. …
Article • May 15, 2007
Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early by Federal Release Notice Statute Constitutional; Applies to Drug Trafficker Released Early The Eighth Circuit Court of Appeals affirmed a Minnesota District Court's order dismissing a claim seeking declaratory judgment against a statute requiring that law enforcement be notified …
Article • May 15, 2007
Equitable Tolling Applies to AEDPA by The Eighth Circuit Court of Appeals held that equitable tolling applies to the one-year statute of limitations for filing federal habeas corpus petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a …
Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict Million; Court Vacates Verdict by John Dannenberg Negligent Public Defender Defense Against Dirty Los Angeles Cops Nets Falsely Convicted Man $6.5 Million; Court Vacates Verdict by John E. Dannenberg A Los Angeles …
New Mexico Jail Settles Escapee Murder Suit For $750,000.00 by In 2002, the Taos County Detention Center (TCDC) in New Mexico paid $750,000.00 to settle a law suit filed by George Weiss, the father of Jonathan Weiss. George Weiss claimed that the TCDC officials caused the death of his son, …
Article • May 15, 2007
Florida Sheriff Liable for Wrongful Death Stemming from Failure to Provide Medical Care by Florida Sheriff Liable for Wrongful Death Stemming from Failure to Provide Medical Care Florida's Fifth District Court of Appeal held the Sheriff may be liable for failing to provide proper medical care to a prisoner who …
Oklahoma: Attacked Employee's Psychological Treatment Claim Compensable by The Supreme Court of Oklahoma held that an employee of a contract health care provider who was stabbed by a prisoner had a compensable psychological injury claim. Sandra Shivel, an employee of Wexford Health Sources (WHS), was attacked and physically injured by …
Article • May 15, 2007
Filed under: Family, Family Law
Oregon: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Oregon held that a prisoner's child support payments should be suspended until 60 days after his release from prison. Cecil Edmonds, an Oregon state prisoner, filed a motion to modify the child support provision of his …
Path Cleared For Construction of Private Pennsylvania Prison by A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was required under the National Environmental Policy Act (NEPA) to either prepare a final Environmental Assessment (EA) or a Finding of No Significant Impact (FONSI) prior to awarding …
PI Orders Inspection of Iowa Juvenile Mental Facility and Records by An Iowa federal district court issued a preliminary injunction requiring the Gerard Treatment Program, a children's psychiatric medical institution in Mason City, to allow Iowa Protection and Advocacy Services, Inc. (IPAS) to have access to the facility and its …
PLRA Requires Exhaustion of "All Available" Remedies by PLRA Requires Exhaustion of "All Available" Remedies The Eastern District of New York determined that prisoners must exhaust all available remedies under the Prison Litigation Reform Act (PLRA), 42 USC §1997e(a). Adam Abney, a New York state prisoner, was in his cell; …
Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Article • May 15, 2007
Massachusetts Prisoner Awarded $3000 for Destroyed Mail by A federal district court in Massachusetts held that a guard violated the First Amendment by destroying two letters addressed to a segregated prisoner. The prisoner brought a § 1983 lawsuit challenging the mailroom's action. The United States District Court agreed with the …
Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required by Prisoner Presence at Disciplinary Hearing During Favorable Testimony Constitutionally Required A New York federal district court held a prisoner is entitled to be present during the introduction of favorable testimony at a disciplinary hearing. This 42 U.S.C. § 1983 …
Unidentified Prisoner Informant's Testimony Not Substantial Evidence by The New York Supreme Court, Appellate Division, Fourth Department, ordered a prisoner's disciplinary record expunged because the hearing officer's finding of guilt was not supported by substantial evidence. Kenneth Gaston, a New York state prisoner, was charged with organizing a food strike …
Prisoner's Failure to Appear Not Grounds for Civil Suit Dismissal by California jail prisoner Mike Hernandez filed a 42 U.S.C. §1983 suit in federal district court claiming that jail staff at the San. Luis Obispo County Jail physically assaulted him and deprived him of clothing and water. A pre-trial conference …
Wisconsin Prisoner's Failure to Exhaust Remedies Required Dismissal by The U.S. Western District Court of Wisconsin dismissed a civil rights lawsuit filed by a state prisoner who failed to exhaust administrative remedies. Dennis Gonzalez, a Wisconsin state prisoner incarcerated at the Supermax prison in Boscobel, wanted to practice his Native …
Prisoner May Assert Contract Beneficiary Claim When Attacked by Guards by The Second Circuit Court of Appeals held that a federal prisoner may have a valid claim as a beneficiary of a contract between the Federal Bureau of Prisons (BOP) and New York's Nassau County to house federal prisoners in …
Article • May 15, 2007
Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified by Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified The Ninth Circuit Court of Appeals held Arizona Prisoners not parties to a 1973 consent decree had standing to enforce that …
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