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Suit Against CCA Dismissed For Failure to Exhaust Administrative Remedies by In this civil rights action brought by two prisoners against Corrections Corporation of America (CCA) and several CCA employees, the U.S. Tenth Circuit Court of Appeals held the prisoners had not exhausted their administrative remedies as required by the …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition by Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition The Tennessee Court of Appeals held that because a state prisoner housed at a privately operated prison was not an "inmate" within the statutory definition, he was not required …
Article • May 15, 2007
Tennessee Prisoner Not Responsible for Failure to Prosecute by On May 27, 2003, the Tennessee Court of Appeals reversed an order dismissing for failure to prosecute a prisoner's pro se lawsuit against the state. State prisoner Russell Wellington claimed that while imprisoned at the Riverbend Maximum Security Correctional Facility he …
Article • May 15, 2007
U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability by U.S. Supreme Court Holds There Is No Interlocutory Appeal on Municipal Liability The U.S. Supreme Court held that municipalities are not entitled qualified immunity from suit, and that appellate courts do not have authority to review unrelated …
Summary Judgment Against Fired Wackenhut Employee Reversed by The U.S. Ninth Circuit Court of Appeals, reversing a California federal district court, held that a suspended Wackenhut Corrections Corporation (WCC) employee stated a claim for retaliation and that WCC should not have prevailed on summary judgment. WCC employee John P. Elliott, …
Article • May 15, 2007
Summary Judgment Denied to Doctor Who Failed to Act Promptly by The U.S. District Court for the Eastern District of Michigan granted summary judgment to a prison warden and deputy warden but denied it in part to a prison doctor in a medical deliberate indifference claim. Alfred Scicluna was convicted …
Article • May 15, 2007
Warrantless Search by Probation Officer Constitutional by The U.S. Supreme Court held that a warrantless search of a probationer's house by probation officers did not violate the Fourth Amendment. Petitioner, a Wisconsin probationer, was charged with felony possession of a firearm by a felon after probation officers, acting on a …
Article • May 15, 2007
Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime by Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime On November 29, 2004, the Washington Court of Appeals, Division I, held that unless specifically noted under a state law requiring the submission of DNA samples for certain crimes, …
U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 by U.S. Supreme Court Resolves Split Over Heck v. Humphrey, §1983 On February 25, 2004, the U.S. Supreme Court, in a per curiam decision, resolved a split among U.S. Circuit Courts of Appeal regarding the applicability of Heck v. Humphrey, …
Article • May 15, 2007
Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply by Florida Public Records Exemption must be Stated with Specifity; Costs Awarded for Unlawful Refusal to Comply Florida's First District Court of Appeal has held that a petition for writ of mandamus is the …
Article • May 15, 2007
Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim by Florida Public Records Law Provides No Exemption of Photographs that Fail to Identify Sexual Assault Victim The First District Court of Appeal has held that photographs of a sexual assault victim that do …
Supreme Court Defines Federal Officials Immunity for State Tort Violations by The U.S. Supreme Court has held that federal officials are entitled to absolute immunity from state-law tort actions only when the federal official's conduct is within the scope of their official duties and the conduct is discretionary in nature. …
Article • May 15, 2007
$345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination by $345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination A gay California prison guard sued the California Department of Corrections (CDC) for on-the-job sexual orientation discrimination and harassment he had suffered at …
Article • May 15, 2007
US Parole Commission Amendment Upheld by The Tenth Circuit Court of Appeals held that application of a 1987 amendment to the Sentencing Reform Act of 1984 (SRA) does not violate the due process rights of federal prisoners. The court also held that the amendment is not an unlawful Bill of …
Article • May 15, 2007
Presentence Investigation Reports Accessible Under Freedom Information Act by The U.S. Supreme Court held that prisoners could receive copies of their presentence investigation reports under the Freedom of Information Act (FOIA). In two separate incidents prisoners filed suit after their requests for copies of their presentence investigation reports were denied …
Article • May 15, 2007
FL Disciplinary Mandamus Petition Exempt from Prisoner Indigency Statute by The Florida Supreme Court has held a writ of mandamus filed by prisoner Daniel K. Schmidt, challenging the loss of gain time incurred as a disciplinary sanction, is a collateral criminal proceeding" that is exempt from Florida's Prisoner Indigency Statute …
NY Prisoner Entitled to Hearing Before Temporary Release Committee by The Supreme Court, New York County, held that the removal of a prisoner from a work release program without a hearing deprived him of a protected liberty interest. Simon Anderson was participating in the Lincoln Correctional Facility Work Release Program …
Article • May 15, 2007
Obsessive-Compulsive Disorder Serious Medical Need by The Tenth Circuit Court of Appeals held that a jury may find that obsessive-compulsive disorder is a serious medical need that must be recognized by arresting officers and jail officials. This 42 U.S.C. Section 1983 action asserted claims for excessive force, unlawful arrest, deliberate …
Article • May 15, 2007
Ohio Prisoner Injured in Fall Loses State Negligence Suit by On August 24, 2004 an Ohio magistrate judge held that a state prisoner, who was injured in a fall while being escorted, failed to prove her negligence claim against the prison. Jennifer Wysong, a prisoner at the Ohio Reformatory for …
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