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Kansas COA Upholds Denial of Hygiene Supplies by The Kansas Court of Appeals held that a state prisoner's inability to purchase basic hygiene items and over-the-counter medication did not violate the constitutional proscription against cruel and unusual punishment. Kansas state prisoner David P. Stolte challenged via habeas corpus a prison …
Article • May 15, 2007
Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition by Supervision Not Required for Failure to Obtain Leave to Take Prisoner's Deposition The Sixth Circuit Court of Appeals has held that the failure to request and receive court permission to take a prisoner's deposition in a civil …
Article • May 15, 2007
Kentucky Prisoner Has Right to Adequate Medical Care by David Ray Byrd, a Kentucky prisoner, filed a lawsuit in the U.S. District Court, Western District of Kentucky, against the Department of Corrections (DOC), alleging that the DOC deprived him of his Eighth Amendment right to adequate medical care. In his …
Article • May 15, 2007
Licensed Attorney Acting Pro Se Not Entitled Attorney Fee Award by The United States Supreme Court held that an attorney who represents himself pro se in a civil rights action may not receive an award of attorney fees under 42 U.S.C. § 1988 for that self-representation. The Petitioner was a …
Article • May 15, 2007
Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment by Massachusetts: Fact Issues Regarding Gender-Based Punitive Segregation Preclude Summary Judgment In this case brought by a state prisoner challenging the application of rules governing the Department Disciplinary Unit (DDU), the Appeals Court of Massachusetts held that material fact issues …
Article • May 15, 2007
Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule by Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule The Second Circuit Court of Appeals held a memorandum can be read into evidence under the exception to the hearsay rule for past recollection recorded, …
Article • May 15, 2007
Modification of Disciplinary Charge After Hearing Not Due Process Violation by The Seventh Circuit Court of Appeals held that a prison reviewing authority did not deprive a prisoner of due process by modifying the charge of which the prisoner was found guilty. An Indiana Correctional Industrial Facility prisoner was investigated …
Article • May 15, 2007
Filed under: Crime, Mental Health
California: Prison Drug Law Applies to State Mental Hospital by On February 17, 2004 a California Court of Appeal held that a state law prohibiting the possession of illicit drugs in institutions where prisoners are held applied to a state mental hospital. Atascadero State Hospital (ASH) is one of four …
Article • May 15, 2007
City Officials Not Immune From Liability by The U.S. Supreme Court has ruled that neither a municipality nor its officers acting in their official capacity are immune from liability under 42 U.S.C. § 1983. Responding to information uncovered in an investigation, the Independence, MO city council recommended the information be …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Virginia's One-Ounce Incoming Mail Policy Upheld by A Virginia federal district court has upheld a Virginia Department of Corrections policy that limits a prisoner's incoming mail to a one- ounce envelope. The prisoner filed suit under 42 U.S.C. §1983, alleging the policy, Division Operating Procedure 851, violated the First Amendment. …
Article • May 15, 2007
Filed under: Visiting
Visitation Rights Suspension Overturned by The New York Supreme Court Appellate Division overturned the one-year suspension of visitation rights for the wife of a prisoner at the Green Haven Correctional Facility. The prisoner's wife allegedly introduced cocaine into the facility, and at the disciplinary hearing the Department of Corrections failed …
Article • May 15, 2007
Filed under: Police, Police Chases
High-Speed Police Pursuit Did Not Waive State Immunity by The Colorado Court of Appeals has ruled that the state is entitled to immunity under the Colorado Governmental Immunity Act (CGIA), because the evidence in this case supported a finding that police did not endanger life or property in a high-speed …
Article • May 15, 2007
Filed under: Sentencing, Detainers
IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer by IAD's 180 Day Period Commences Upon Receipt by State Officials that Lodge Detainer The United States Supreme Court held the 180-day time period to commence trial in Article III (a) of the Interstate Agreement on Detainers …
Article • May 15, 2007
Washington DOC Pays $3,000 for Failing to Timely Disclose Public Records by The Washington Department of Corrections (WDOC) agreed to pay $2,997.50 to settle a lawsuit under the Public Disclosure Act brought in a Washington Superior Court, Thurston County, by the International Brotherhood of Electrical Workers Local Union No. 76 …
Article • May 15, 2007
Indiana Juvenile's Rights Discussed by The Indiana Supreme Court has held that Indiana's Constitution and laws do not require that all juveniles be placed in other than an adult prison, but held the juvenile in this case did state a claim related to her medical treatment. This civil action was …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Indiana Law Requires Service by Mail at Place of Employment by The Seventh Circuit Court of Appeals held that Indiana law requiring service of process upon an individual by mail at the individual's "place of business or employment" requires service at the location where he actually reports for work rather …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Article • May 15, 2007
Parties May Not Choose Specific Magistrate Judge by The Seventh Circuit Court of Appeals held that parties in a litigation cannot choose a specific magistrate judge, but may elect to have a magistrate judge preside over the case. The parties agreed to a settlement in this suit involving a wrongful …
Physical, Mental Suffering Resulting from Extra Duty States Claim by In this apparently novel issue in which Louisiana prisoners alleged that extra duty imposed as a punishment for violating prison rules constituted cruel and unusual punishment, the U.S. Fifth Circuit Court of Appeals held that the prisoners stated a claim …
Article • May 15, 2007
PLRA Applies to Juveniles by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and a juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the Tyron Residential Facility …
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