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Article • May 15, 2007
Former Jail Prisoner's §1983 Complaint Reversed to Add Damages by Former Jail Prisoner's §1983 Complaint Reversed to Add Damages The U.S. Tenth Circuit Court of Appeals in a split decision partly reversed an Oklahoma federal district court's grant of summary judgment to a county sheriff, holding that the district court …
Garnishment of Prisoner's Wages not Actionable in State Court by The Colorado Court of Appeals has ruled that state prisoners may not seek relief under the Administrative Procedures Act (APA) or C.R.C.P. Rule 106 to address claims of unlawful garnishment of wages by the Department of Corrections (CDOC). Adam Jones, …
Article • May 15, 2007
Gender is not BFOQ for Georgia Deputy Sheriff Job by The Eleventh Circuit Court of Appeals held that gender is not a bona fide occupational qualification (BFOQ) for the job of Deputy Sheriff I at Atlanta's Fulton County Jail. After the Sheriff posted advertisements for the deputy sheriff positions, a …
Article • May 15, 2007
Housing Death Row Prisoner in Segregation Cell Constitutional by The U.S. Court of Appeals for the Eighth Circuit held that prison officials did not violate a prisoner's rights by housing him in a segregation cell rather than a death row cell. In response to being confined in a segregation cell …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Hunger Striking GA Prisoner Has Right to Privacy to Refuse Forced Feeding. by Anthony Prevatte, a prisoner at the Georgia Diagnostic and Classification Center in Butts, Georgia, began a hunger strike on October 29, 1981 and on November 21 refused to allows doctors to examine him. Prevatte's hunger strike was …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Hunger Striking NY Prisoner May Be Force Fed to Prevent Suicide by Attica Correctional Facility prisoner Mark David Chapman, who is serving 20 years to life for murdering John Lennon, appealed an order allowing prison officials to take all steps necessary to force-feed Chapman in order to sustain his life. …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
Article • May 15, 2007
Imminent Danger Exception to PLRA Three Strikes by The U.S. Northern District Court of Illinois determined that a prisoner who failed to state a claim three times in three separate federal civil actions could still proceed without prepayment of fees under the imminent danger exception to the Prison Litigation Reform …
Iowa Ban on Racist Literature Enjoined by The U.S. Southern District of Iowa held that a state prison could not deny racist material to prisoners. Tracy Nichols, an Iowa state prisoner, sought to receive materials from several different churches, including the Church of Jesus Christ Christian (CJCC). The CJCC promotes …
Article • May 15, 2007
Absent Actual Injury Only Nominal Damages for Due Process Violations by The U.S. Supreme Court held that a procedural due process violation warranted only nominal damages in the absence of actual injury. Plaintiffs, Illinois high school students who had been suspended without due process, brought a §1983 action against the …
Article • May 15, 2007
Abuse of Discretion in Failing to Grant Prisoner Continuance in §1983 Action by Illinois state prisoner Robert Harris filed a 42 U.S.C. §1983 action against prison officials claiming guards interfered with his mail and visiting rights, preventing him from preparing an adequate defense to state criminal charges. The state filed …
Article • May 15, 2007
Arbitrator Cannot Override Rhode Island DOC Director's Discipline of Guard by The Rhode Island Supreme Court held the Director of the Department of Corrections (DOC) has the ultimate authority to impose discipline on guards and such authority cannot be overridden by an arbitrator. Guard Thomas Ryan was assigned to watch …
Article • May 15, 2007
Attorney Fees as Catalyst for Change Certified to California Supreme Court by Attorney Fees as Catalyst for Change Certified to California Supreme Court. The Ninth Circuit Court of Appeals has certified to the California Supreme Court two questions: 1) Under California law, may attorney fees be awarded where the plaintiff …
Article • May 15, 2007
Attorney Fees Awarded in Partial Victory Gained By Order Setting Forth Settlement by The Third Circuit Court of Appeals has reversed a Pennsylvania District Court's order denying the award of attorney fees to the plaintiff in an action settled prior to a hearing for a preliminary injunction. This 42 U.S.C. …
Article • May 15, 2007
Attorney Fees Not Reducible for Failure to Win on All Issues by The court of appeals for the Eighth Circuit held that an attorney fee award for the plaintiff as a prevailing party should not be reduced because relief was not granted on every issue alleged or raised in the …
Attorney Sanctioned For Unreasonably, Vexatiously Prolonging Litigation by The U.S. District Court for the District of New Mexico held that an attorney representing a prisoner in a civil rights action against prison officials had acted "unreasonably and vexatiously" pursuant to 28 U.S.C. § 1927, and ordered him to pay defendants' …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Article • May 15, 2007
BOP Application for Kosher Diet Constitutional. by The Ninth Circuit Court of Appeals held the requirement that a prisoner at the United States Penitentiary at Lompoc, California fill out an application to receive a religious kosher diet was constitutional. The prisoner, an Orthodox Jew, filed this Bivens action alleging the …
Article • May 15, 2007
California Criminal Defendant Must Make Preliminary Showing of Exculpatory Evidence in Police File by The Ninth Circuit Court of Appeals held a criminal defendant must make a preliminary showing that a police personnel file contains evidence material to his defense to be provided the file in discovery. This case was …
$25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored by $25,000 Settlement For Juvenile Attacked After Court Segregation Order Ignored On July 9, 2004, the Los Angeles County Claims Board settled a civil rights complaint brought by a juvenile whose court order to house him singly in protective custody …
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