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Article • May 15, 2007
Restraint Chair Use Enjoined, Class Certified, $925,000 Settlement by The U.S. District Court for the District of California issued a preliminary injunction prohibiting use of the "Pro-straint" restraining chair and certified as a class all persons incarcerated during the lawsuit who were "subject to being restrained in the Pro-straint chair …
Article • May 15, 2007
Restrictive Policies Violate Rights of Protective Custody Prisoners by The U.S. District Court, N.D. Illinois, held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought a § 1983 action against prison officials alleging violations of their rights to free exercise …
Retaliation for Prisoner's Political Views States §1983 Claim by Retaliation for Prisoner's Political Views States §1983 Claim New York state prisoner Stanley Sczerbaty filed a 42 U.S.C. §1983 claim alleging that prison officials punished him for his political views by removing him from college classes one week after he filed …
Article • May 15, 2007
Retroactive Application of Rule Taking Street Time Valid by The District of Columbia Court of Appeals held that neither the ex post facto clause nor the due process clause of the Constitution was violated by retroactive application of a prior D.C. Court of Appeals ruling holding that "street time" should …
Article • May 15, 2007
Sex Offenders Can Be Excluded From Work Release Program by The U.S. Court of Appeals for the Eighth Circuit held that an Arkansas prisoner's Fourteenth Amendment rights to due process and equal protection were not violated by state officials' refusal to allow him to participate in a work/study program for …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Some VA Death Row Prisoners Denied Meaningful Access to Courts by Upon rehearing en banc, the U.S. Court of Appeals for the Fourth Circuit held that Virginia did not provide death row prisoners with meaningful access to courts in all circumstances. Prisoners on Virginia's death row brought a class action …
Summary Judgment of Eighth Amendment Claims Reversed by The U.S. Court of Appeals for the Tenth Circuit reversed and remanded the summary judgment of a prisoner's Eighth Amendment claim. Robert DeSpain, a Wyoming state prisoner, brought a civil rights action against prison officials alleging cruel and unusual punishment in violation …
Article • May 15, 2007
Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Materiala by Florida Department of Corrections Ordered to Cease Racially Discriminatory Practices in Selected Reading Material Florida state prisoner Herman Jackson filed a 42 U.S.C. §1983 lawsuit against prison officials claiming that his rights under the First …
Article • May 15, 2007
Third-Party Book Seller's Records Subject to Constitutional Protections by The Colorado Supreme Court has found that individuals have a constitutionally protected right to purchase books anonymously, free from government interference, and thus records of an innocent, third-party bookstore are subject to both state and federal free speech protections and an …
Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement by Two Wrongfully Imprisoned Michigan Men Receive $2.75 Million Partial Settlement On November 2, 2001 two Michigan men who were wrongfully imprisoned for eight years before their convictions were overturned reached a $2.75 million partial settlement with the prosecuting county. …
United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
Article • May 15, 2007
United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings by United States Supreme Court Holds that Probation Violators Must Be Afforded Representation at Probation Revocation/Resentencing Hearings This was a consolidated case in which two Washington state prisoners were granted certiorari after the state …
Article • May 15, 2007
Use of Magistrate Over Defendant's Objection Constitutional by The U.S. Supreme Court held that a criminal defendant's right to due process was not violated by a district court judge's referral of his motion to suppress to a Magistrate, as authorized by the Federal Magistrates Act, over defendant's objection. Respondent, Herman …
Article • May 15, 2007
VA Death Row Prisoners Entitled to Appointed Counsel by The U.S. District Court for the Eastern District of Virginia, Richmond Division, held that death row prisoners were entitled to more legal assistance than that delineated in Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). Prisoners …
Article • May 15, 2007
VA Death Row Prisoners Not Entitled to Appointed Counsel by The U.S. Court of Appeals for the Fourth Circuit held that indigent death row prisoners did not have a constitutional right to counsel at state expense when pursuing habeas corpus relief in state courts. Prisoners on Virginia's death row brought …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington: Consecutive Terms for Multiple Sentencing Violations Upheld by The Supreme Court of Washington, en banc, held that imposing consecutive 45-day sentences for each of ten violations of conditions of sentencing was valid under Washington state law. Samuel McDougal was sentenced to 30 days confinement and community supervision for one …
Article • May 15, 2007
Mandatory Language in Montana Parole Statute Creates Liberty Interest by The U.S. Supreme Court held that mandatory language in Montana's parole statutes created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its …
Article • May 15, 2007
Minnesota: No Immunity in Pregnant Detainee's Deliberate Indifference Suit by In this interlocutory appeal, the U.S. Eighth Circuit Court of Appeals held that a pregnant pre-trial detainee who was denied medical care alleged sufficient facts to preclude defendants' motion for summary judgment based on qualified immunity. After being arrested shortly …
Article • May 15, 2007
Montana Parole Statute Creates Liberty Interest by The U.S. Court of Appeals for the Ninth Circuit held that Montana's parole statute created a liberty interest in parole. State prisoners who had been denied parole brought a class action § 1983 lawsuit against the State Board of Pardons and its Chair …
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