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Need for New Prosthesis is Serious Medical Need by A New Jersey federal district court held that the failure to provide a pretrial detainee with a prosthesis is deliberate indifference to a serious medical need. This action was filed by a pretrial detainee against officials at New Jersey's Cape May …
Article • May 15, 2007
New Mexico: No Due Process Violation in Hearing by Phone by The Court of Appeals of New Mexico held that due process obligations in a parental rights termination hearing were met by allowing the child's father to participate by telephone; that the trial court was not obligated to make further …
Article • May 15, 2007
New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges by New York: Disciplinary Report's Erroneous Date Warrants Expungement of Charges The New York Supreme Court, Appellate Division, Fourth Department, held that an erroneous incident date on a disciplinary report warranted expungement of charges. State prisoner Clifford Howard was charged …
Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
Article • May 15, 2007
New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed by New York: Summary Judgment of Pregnancy-Related Deliberate Indifference Claim Reversed The U.S. Second Circuit Court of Appeals held in this case that material fact issues precluded summary judgment of a pregnant New York prisoner's lawsuit alleging deliberate indifference to …
New York: Witness Testimony Issues Violated Due Process by The New York Supreme Court, Appellate Division, Third Department, held that a prisoner's Constitutional and state due process rights had been violated by disciplinary hearing procedures related to witness testimony. Douglas Burke, a prisoner at the Auburn Correctional Facility in New …
Article • May 15, 2007
No Actual Injury Requirement in Right to Counsel Challenges by The U.S. Court of Appeals for the Second Circuit held that pretrial detainees need not show actual injury when challenging right to counsel violations; that PLRA requirements were satisfied; and that prisoners subject to heightened physical restraints were entitled to …
Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim by Fifth Circuit Reverses Injunction Against Pesticide Use, Dismisses Damage Claim The U.S. Fifth Circuit Court of Appeals held that a prisoner's work assignment, which required him to come into contact with a pesticide, did not constitute cruel and unusual …
Fired California Prison Guards Awarded $410,000 for Retaliation by On September 29, 1998, a California jury awarded $410,000 to two state prison guards for their retaliatory firing and ordered them reinstated to their previous positions. Plaintiffs, Bonita Weaver, a 30-year-old black female, and R. Keith Williams, a 23-year-old white male, …
Article • May 15, 2007
First Amendment Allows Prohibition of Unsupervised Prison Group Prayer by The Third Circuit Court of Appeals held a prison regulation that prohibits prisoners from engaging in group religious activity without supervision of prison officials does not violate the First and Fourteenth Amendment. This civil rights action was filed by prisoners …
Article • May 15, 2007
First Circuit Holds Higher Standard for Prison Riot Claims by The U.S. First Circuit Court of Appeals, affirming the U.S. District Court for the District of Puerto Rico, upheld dismissal of a former prisoner's complaint against Puerto Rican prison officials arising from an injury the prisoner received when guards tried …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
Article • May 15, 2007
FL Disciplinary Team member Cannot be Witness to Violation by The First District Court of Appeal in Florida reversed a circuit court's denial of a petition for writ of mandamus, which alleged a member of the disciplinary hearing team was not impartial because he was the sole witness to crucial …
Article • May 15, 2007
FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing by FL Investigator Must Interview Requested, Unknown Witness in Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner who requested, as witnesses to his disciplinary infraction, prisoners in the cells adjacent to his own administrative confinement cell, …
Article • May 15, 2007
FL Prisoner Must Know Illicit Nature of Substance to Possess Drugs by Florida's Fifth Circuit Court of Appeal held that to be convicted of possession of contraband in a prison, predicated on possession of marijuana, the prisoner must not only possess the substance but must also be aware of the …
Article • May 15, 2007
FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing by FL Prisoner's Mandamus Petition Must Detail Facts Supporting Witness Denial at Disciplinary Hearing Florida's First District Court of Appeal held that a prisoner bringing a petition for a writ of mandamus alleging the denial of witnesses …
Article • May 15, 2007
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court …
Article • May 15, 2007
Montana Supreme Court Upholds Jury Verdict in Death Action by In this case involving an escaped teenage prisoner who shot and killed another boy, the Montana Supreme Court upheld a jury's verdict in favor of the state. Originally committed to the Pine Hills youth prison as a serious juvenile offender, …
Montana Supreme Court Upholds State's Sex Offender Registration Act by The Montana Supreme Court held that the state's sex offender registration act could be applied retroactively and did not violate an offender's rights under the state or federal constitutions. In 1989 Montana enacted the Sexual Offender Registration Act, which required …
Article • May 15, 2007
Municipal Judge Not Policy Maker in Arrestee's Toilet Denial Suit by The Tenth Circuit Court of Appeals held that a municipal judge does not act as a policy maker to impute liability against a city. The pro se plaintiff in this case filed a 42 U.S.C. § 1983 action alleging …
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