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Article • May 15, 2007
Party in Civil Rights Case Not Entitled to Witness Fees, But Non-Parties Are by Party in Civil Rights Case Not Entitled to Witness Fees, but Non-Parties Are A federal district court in New York has held that, in a civil rights action, a pro se prisoner proceeding in forma pauperis …
Article • May 15, 2007
Filed under: Organizing, Voting
Paying Taxes Not Entitlement to Vote by In an unpublished opinion, the Ninth Circuit Court of Appeals has affirmed the dismissal of a 42 U.S.C. §1983 action filed by a California State prisoner as frivolous. The suit sought the Registrar of Voters to permit registration to vote or return of …
Article • May 15, 2007
Qualified Immunity Not Applicable to Private Defendants by The U.S. Supreme Court held that qualified immunity from suit, with respect to government officials is not available to private defendants charged with § 1983 liability for invoking state replevin. In July 1986, Bill Cole sought to dissolve a cattle partnership with …
Article • May 15, 2007
Filed under: Prison Labor, Organizing
Prisoners Union Cannot Hold Meetings at a State Prison by The California Supreme Court held that pursuant to California Penal Code §2600 (CPC), prisoner's union meetings held inside the prison with "outside" members and representatives present a security risk. Thus, Prison Official's refusal to allow such meetings is justified. The …
State Law Creates Liberty Interest by The Supreme Court found that a state law gave a Pennsylvania prisoner a liberty interest in remaining in general population which could not be taken without due process. They ruled, however, that the limited actions taken by prison authorities constituted due process. After being …
Article • May 15, 2007
Stay of Action Must be Sought to Exhaust Administrative Remedies by The Supreme Court of Missouri has held that a prisoner is allowed to file suit against the Department of Corrections, or its employees, prior to exhaustion of administrative remedies providing the suit is filed within the statute of limitations. …
Article • May 15, 2007
Filed under: Sentencing, Good Time
WA County Jails "Good Time" Policy Constitutional by WA County Jails "Good Time" Policy Constitutional The Washington State Court of Appeals held the Skagit County Jail's policy for credit of "good-time" does not violate a pre-trial detainee or a sentenced prisoner's right to equal protection. While awaiting a second trial …
Article • May 15, 2007
WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date by WA State Properly Filed Civil Commitment Petition Two Days Before Prisoner's Prison Release Date On May 9, 2000, George Taylor, a Washington State Prisoner, was two days shy of his prison release date on a …
Article • May 15, 2007
Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment by Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment Lewis Harry, an Arizona state prisoner, sued the state Department of Corrections (DOC) after DOC guards refused to let him have …
Article • May 15, 2007
Attorney/Client Privilege Voided by Including Third Persons in Conversation by Florida's Fifth District Court of Appeals has held that a prisoner is not entitled to claim attorney/client privilege to communications when the person invoking the privilege knew of or should have known that the privileged conversation was being overhead. Before …
Article • May 15, 2007
Child Visitation Permitted; Receipt of Non Publisher Publications Banned by The California Court of Appeals held the "publishers only" rule for receiving publications did not violate pre-trial detainees' freedom of expression or rights to equal protection. However, the prevention of minor children visits is unconstitutional. Three pre-trial detainees filed a …
Article • May 15, 2007
Court Adopts Definitions of Tape Recordings by A federal district court in Nebraska has adopted definitions of what constitutes an original and duplicate recording of a tape recorded deposition of a witness, and outlined requirements for taking the deposition. Rule 1001, Rules of Evidence for United States Courts and Magistrates, …
Article • May 15, 2007
Filed under: Money/Property, Interest
Clerk Not Entitled to Interest on Principal in Fund by The United States Supreme Court held that a court clerk is not entitled to keep the interest that accumulates from monies placed in a fund under the care of the clerk on behalf of parties in litigation. Eckerd's of College …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Article • May 15, 2007
District Judge Orders Measures to Ease Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems in classification of …
Article • May 15, 2007
Ex-Prisoners' are not a Protected Class by The Washington State Court of Appeals held that Washington's Human Rights Commissions (H.R.C.) exceeded its "statutory authority" by promulgating the Washington Administration Code (W.A.C) 162-16-060, which protects ex-prisoner's from employment discrimination. In 1987, an ex-prisoner was hired to be a shipping/receiving clerk with …
Article • May 15, 2007
Independent Operator Not Necessary for Tape Recorded Deposition by A federal district court in Pennsylvania has held that to require an independent operator to oversee the tape recorded deposition of a witness is cost prohibitive. The motion for the tape recorded deposition was made by a state prisoner represented by …
Article • May 15, 2007
Supreme Court Adopts Expert Testimony Standard by The U.S. Supreme Court held that the Federal Rules of Evidence supersedes the "Frye Test" in providing the standard for admitting expert scientific testimony in a federal trial. Two minor children and their parents (petitioners) argued that the children's serious birth defects had …
Article • May 15, 2007
Filed under: Sentencing, Parole
WA Parole Board Must Adhere to Its Own Procedures by The Supreme Court of Washington held that the state parole board is required to give written findings when not granting parole under the Washington Administrative Code Title 381, rule 5.170 (WAC). Five Washington state prisoners filed a personal restraint petition …
Article • May 15, 2007
Filed under: Media, Access to Media
Broadcast Company Denied Special Access to Jail by The Supreme Court ruled that a broadcasting company had no more rights of access to certain areas of Alameda County Jail (California), or to interviews with its prisoners, than any other person. The decision stemmed from a suit filed by KQED alleging …
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