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Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
Article • May 15, 2007
Nondisclosure Of Government Records Not Justified By FOIA by The U.S. District Court for the District of Columbia ruled that certain records withheld by the Federal Bureau of Prisons (BOP) and the Federal Bureau of Investigation (FBI) was not properly exempted under the Freedom of Information Act (FOIA). Kieth Maydak, …
Article • May 15, 2007
Prisoner Fails To Show Retaliation, Deliberate Indifference by The United States District Court for the Northern District of Florida entered summary judgment against a prisoner's § 1983 action alleging deliberate indifference and retaliation by a prison nurse practitioner (N.P.). Walter Pate, a Florida state prisoner, was diagnosed as having HIV, …
Article • May 15, 2007
Plaintiffs' Summary Judgment Motion Denied In Strip Search Case by The United States District Court for the Southern District of New York held in a § 1983 action challenging a city's strip search policy that the city's claims were not collaterally estopped by state law, it's strip search policy was …
Virginia Jail Acted Under Color Of State Law For § 1983 Purposes by Virginia Jail Acted Under Color Of State Law For § 1983 Purposes The United States District Court for the Eastern District of Virginia held that a jail had acted under color of state law for purposes of …
Deceased Michigan Prisoner's Estate States Eigth Amendment Claim by The United States District Court for the Eastern District of Michigan held that the estate of a prisoner who allegedly died as a result of indifference to his medical needs sufficiently stated an Eighth Amendment claim and that individual defendants were …
Article • May 15, 2007
DC Detainees Strip Searched After Receiving Release Orders State Claim by The United States District Court for the District of Columbia (D.C.) held that plaintiffs, prisoners suing the D.C. Jail for performing strip searches on them when returning to the jail after receiving their release orders, had stated a valid …
Washington State Civil Commitment Statute Constitutional by The U.S. Ninth Circuit Court of Appeals held that Washington State's Community Protection Act of 1990 (CPA) did not violate the double jeopardy or ex post facto clauses of the U.S. Constitution. In 1994, Petitioner Andre Young sought federal writ of habeas corpus …
Article • May 15, 2007
Retroactive Withholding of Good Time Upheld by The Kansas Court of Appeals upheld the retroactive withholding of a prisoner's good time credits for disciplinary sanctions imposed prior to the award of the credits at issue. In 1998 and 1999, Derrik W. Davis received two disciplinary convictions but did not have …
Kansas SVP Verdict Dismissed for Untimely Trial by The Kansas Supreme Court held that failure to try a person alleged to be a sexually violent predator ("SVP") within the statutorily prescribed time period divests the trial court of jurisdiction over the SVP petition, requiring dismissal with prejudice. In April 2000, …
Article • May 15, 2007
Filed under: Classification, Furloughs
Alaska Superior Courts May Not Grant Furloughs Under Criminal Rule 35(b) by The Alaska Court of Appeals held that superior courts may not use their authority to modify sentences under Criminal Rule 35(b) to grant furloughs to prisoners, but may use that authority to impose a term of periodic imprisonment. …
Article • May 15, 2007
Dismissal Of Actions Before Issuance Of Summonses Improper by The U.S. Ninth Circuit Court of Appeals held that a district court erred in dismissing on its own motion a prisoner's pro se civil rights actions. Harry Franklin, an Oregon state prisoner, filed 33 pro se actions in district court. The …
Court Rules On JJDPA Suit Issues, State Compliance Plan Ordered by The United States District Court for the Northern District of Idaho ordered Idaho state officials to devise a plan to put the state in compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA) and denied state's motions on …
No Qualified Immunity For Prison Officials In Paralyzed Prisoner's Suit by The U.S. District Court for the District of New Jersey held that prison officials were not entitled to qualified immunity in a paralyzed prisoner's civil rights suit and that fact issues precluded summary judgment. Timothy Ryan was arrested for …
7th Circuit Reversed Directed Verdict on First Amendment Claims by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's directed verdict, entered against an Indiana prisoner's claims of discipline without minimal due process protections and interference with his free exercise of religion and access to the …
Article • May 15, 2007
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
Article • May 15, 2007
New York DOCS's Rube Goldberg Mail Rules Struck Down by The United States Court of Appeals for the Second Circuit struck down the New York Department of Correctional Service's (DOCS) "Rube Goldberg" mail rules, which restricted sealed outgoing prisoner mail, noting that the rules were "irrational." Ronald Davidson, a New …
Article • May 15, 2007
Prisoner's Suit Over Second-Hand Smoke States Claims by The U.S. District Court. D. New Hampshire, held that a prisoner's involuntary exposure to second-hand cigarette smoke constituted punishment for Eighth Amendment purposes and that he stated claims as to denial of a liberty interest without due process and cruel and unusual …
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