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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 …
Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Article • May 15, 2007
Second Circuit: Lack of Standing Invalidates Strip Search Ban by On January 20, 2004, the U.S. Second Circuit Court of Appeals held that a federal district court's order enjoining a New York county jail from performing unconstitutional strip searches was erroneous because the plaintiff lacked standing. In July 1995, attorney …
Article • May 15, 2007
Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree by Settlement's Retention of Jurisdiction for Enforcement is Functional Equivalent of Consent Decree The Eleventh Circuit of Appeals has held a Florida settlement agreement's provision that retains "the district court's jurisdiction for enforcement of the agreement" is the …
Sex Offender Must Meet Stigma-Plus Test to Sue for Reputation Damage by The Eleventh Circuit Court of Appeals held that reputational damage alone is insufficient to constitute a protected liberty interest. This 42 U.S.C. § 1983 action was brought by a minor against nine employees of the Hale County Department …
Article • May 15, 2007
Sexually Harassed California Prison Employees Awarded $1,978,376 by On February 18, 1997, a California superior court awarded three female prison employees a total of $1,978,376 for sexual harassment they experienced while working at a state prison. Plaintiffs, guards Blanche Leslie Ratcliff, 39, and Amber Gros, 40, assistant warden Linda George, …
Sexually Harassed Prison Kitchen Worker Awarded $90,000 by On August 20, 2002, the U.S. District Court for the Eastern District of Kentucky awarded $90,000 to a prison kitchen worker who was sexually harassed by a prison captain. The judgment was against her former employer, Kellwell Food Management (KFM). While working …
Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death by Summary Judgment Granted to Virginia Jail Officials in Pretrial Detainee's Death The Fourth Circuit Court of Appeals affirmed a District Court's grant of summary judgment dismissing a 42 U.S.C. § 1983 action alleging Eighth Amendment claims of deliberate …
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