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Article • May 15, 2007
Release-Dismissal Agreement Bars Future Suit by The Seventh Circuit Court of Appeals affirmed a Northern District of Indiana district court's order granting summary judgment, which held that a release agreement dismissing criminal charges in exchange for release from liability in a 42 U.S.C. § 1983 action was valid and barred …
Retaliatory Transfer for Assisting Prisoners with Litigation States Claim by The Court of Appeals for the Ninth Circuit held that a California prisoner stated a claim of retaliation that should not have been dismissed on the lower court's summary order before process was served on the defendants. The plaintiff alleged …
Review Board Required for Minnesota Sex Offender Treatment Facilities by The Supreme Court of Minnesota held that the Commissioner of the Department of Human Services was required to establish review boards for the state's Sex Offender Program (SOP) treatment facilities. Appellants, sex offenders civilly committed to SOP facilities as sexually …
Article • May 15, 2007
Rhode Island Prisoner Awarded $2,000 for Fractured Wrist by On April 2, 1996, a jury in Providence County, Rhode Island awarded $2,000 to a state prisoner who was injured when a platform collapsed beneath him. Prisoner Lucas Tiberio, 20, was lifting weights when the platform on which he was seated …
Article • May 15, 2007
Muslim Literature Bar Reversed, Medal Ban Upheld by The Eighth Circuit Court of Appeals has held that denying prisoners access to a newspaper entitled Muhammad Speaks" was violative of the First Amendment, but it was within prison officials' discretion to impose restrictions on medals worn around the neck. This action …
Article • May 15, 2007
"Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John Dannenberg "Absurd" California Child Visiting Regulation Survives Challenge - For The Moment by John E. Dannenberg The California Department of Corrections' CCDC) recently announced child visiting regulation 15 CCR § 3173.1, which prohibits any minor from visiting …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Injunctive Relief Reversed Due to Lack of Personal Stake by The U.S. Supreme Court reversed a judgment granting injunctive relief in a §1983 action against Philadelphia police. Respondents brought a §1983 action against Philadelphia officials, including the Mayor and the Police Commissioner, alleging a pervasive pattern of illegal and unconstitutional …
Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Article • May 15, 2007
Filed under: Medical, Medication, Malpractice
Jail Prisoner's Dismissed Medical Claim Vacated and Remanded by The U.S. Seventh Circuit Court of Appeals vacated a district court's dismissal of a former jail prisoner's claim against a county jail in Minnesota. David Elijah Bowers, Sr., a prisoner at Waupon Correctional Institution, was a prisoner at the Milwaukee County …
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. …
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