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Article • May 15, 2007
Montana S.Ct. Rules on Attorney Malpractice by The Montana Supreme Court held that a prisoner had adequately pleaded malpractice by his attorney when the lawyer he hired while imprisoned in Idaho purported to represent him in a Montana criminal case and entered a guilty plea on his behalf. The prisoner …
Article • May 15, 2007
U. S. Marshals Need Not Transport State Prisoners to Court by The United States District Court for the Eastern District of Pennsylvania issued writs of habeas corpus ad testificandum for five prisoner witnesses to appear in a civil rights action against Philadelphia County Jail officials. The writs instructed the wardens …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
Article • May 15, 2007
Double Bunking Not Allowed In NJ Jail by Public advocate for prisoner's in Monmouth County Correctional Institution filed a motion seeking to modify a previous court order involving prisoner housing. In the original suit a district court found conditions at MCCI to be unconstitutional. The judge subsequently ordered various modifications …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Article • May 15, 2007
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Article • May 15, 2007
Filed under: Organizing, Protests
Misdemeanor Conviction for Protesting on Jail Property Constitutional by The United States Supreme Court has held that a conviction for trespass on jail property does not violate demonstrators' constitutional rights to free speech and assembly. Harriett Louise Adderley and 31 students of the Florida A & M University in Tallahassee, …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Article • May 15, 2007
Secretary Error Allows for Late California Tort Claim by California's Third Appellate District has held that a trial court abused its discretion in denying a prisoner's motion for leave to file a late government tort claim. Before the Court was the appeal of Manuel Renteria, who sought to pursue a …
Article • May 15, 2007
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John Dannenberg California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment …
Article • May 15, 2007
New York AIDS Patient Jailed in Unsanitary Conditions Wins $1,300,000 by The Plaintiff, a 39-year-old man identified only as Jewell, was arrested by New York City police after a dispute with a tow truck driver in July of 1993. He was placed in a cell where he was exposed to …
Article • May 15, 2007
Filed under: Prison Labor, Medical, Diabetes
Texas Diabetic Prisoner Blacks Out, Guards Not Deliberately Indifferent by Michael Coleman, a diabetic Texas state prisoner, passed out while working in the fields due to a blood glucose level of 23. He sued prison medical staff in federal district court under 42 U.S.C. § 1983, claiming that they were …
Deceased PA Prisoner's Medical Records Disclosable by Darlene Lucretia Joe was a Pennsylvania state prisoner at the Philadelphia Industrial Correction Center. Between 4/29/97 and 6/30/97 she requested medical care 15 times, to no avail. On 8/4/97 she died of cerebral herniation. Her estate sued the prison medical subcontractors (defendants), who …
Article • May 15, 2007
FL Prisoner's Suit Against Prison Health Care Providers Timely Filed by On February 8, 1996, Geraldine Seale, a Florida state prisoner, complained to the state Human Relations Commission (Commission) about the medical care she was receiving. The Commission didn't make a reasonable cause determination within 180 days as required by …
Article • May 15, 2007
Indigent NY Prisoner's Action Commenced When Clerk Received Pleadings by Cleveland Lovett, a New York state prisoner, was badly injured while trying to elude police in September of 2002. He was treated at Bellevue Hospital and Riker's Island until February 25, 2003. On April 2, 2004 Lovett mailed a medical …
Article • May 15, 2007
Montana Juvenile Prisoners' Files Disclosable for Purposes of Litigation by The plaintiffs were 16 Montana state juvenile prisoners. For litigation purposes, their lawyer requested from the Pine Hills Youth Correctional Facility (P.H.Y.C.C.) certain of the plaintiffs' personal records, including those regarding the use of pepper spray on the plaintiffs. P.H.Y.C.C. …
Article • May 15, 2007
Liability for Sheriff's Hiring Decisions by The United States Supreme Court held that a county is not liable for a sheriffs decision to hire a reserve deputy without adequate screening. While driving from Texas to their home in Bryan County, Okalahoma, Jill Brown (respondent) and her husband approached a police …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Article • May 15, 2007
Non-Stenographic Depositions May Not Require Independent Operator by The District of Columbia Court of Appeals on mandamus review ordered a district court to allow the plaintiff party to take depositions by other than stenographic means. The plaintiff moved the district court, under Rule 30(b)(4), Federal Rules of Civil Procedure, to …
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