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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 …
Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed by Nominal Damages Merit Attorney Fee Award; Erroneous Jury Instruction Standard Discussed The Eighth Circuit Court of Appeals held an Iowa District Court did not abuse its discretion when it awarded attorney fees after a jury awarded only nominal …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Standard for Injunctive Relief Defined by The United States Supreme Court held that to have standing for injunctive relief a party must satisfy the threshold requirement imposed by Article III of the Federal Constitution by alleging an actual case or controversy." A plaintiff must show that he has sustained or …
Article • May 15, 2007
Religious Belief Allows NY Jewish Prisoner to Grow Beard by The United States Court of Appeals for the Second Circuit held that an Orthodox Jewish prisoner has a protected right under the First Amendment to grow a beard, and that a Department Directive cannot prevent the prisoner from growing a …
Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Article • May 15, 2007
Los Angeles County Prisoner Hit With Clothes Settles For $50,000 by On January 2, 2002, Robert K. Moore, a former prisoner in a Los Angeles County (California) jail, settled his claim against the county for $50,000. Moore had alleged he suffered a scrotal hernia when a deputy sheriff hit him …
California Appellate Court Reinstates Murder Conviction For Dog Mauling Death by California Appellate Court Reinstates Murder Conviction For Dog Mauling Death In an unprecedented ruling, a divided California Court of Appeal (First Appellate District) reinstated the second degree murder conviction of Marjorie Knoller for the killing of a neighbor by …
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