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Article • May 15, 2007
California Prisoner Wins PI For Liver Transplant Evaluations by by John E. Dannenberg The United States District Court (S.D. Cal.) issued a preliminary injunction (PI), ordering the California Department of Corrections (CDC) to inquire of all liver transplant centers in California as to whether they could accept a prisoner as …
Article • May 15, 2007
Unconstitutional to Hold Wisconsin Prisoner Beyond Mandatory Release Date by by Matthew T. Clarke Wisconsin court of appeals held that Wisconsin Department of Corrections (DOC) officials who held a prisoner beyond his mandatory release date (MRD) violated the prisoner's Eighth Amendment rights. James Allen, a former Wisconsin state prisoner, became …
Article • May 15, 2007
Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard by Sua Sponte Dismissal of Disciplinary Challenge Reversed; Wisconsin Prisoner Denied Right to Be Heard The Wisconsin Court Of Appeals held that a state trial court error in refusing to issue a writ of certiorari and …
Article • May 15, 2007
Prisoner Convicted of Self-Inflicted Gunshot Wound by Georgia's Fourth Division Court of Appeals has confirmed a conviction against Deiante Walton for possession of a weapon and criminal use of a firearm with an altered identification number. While detained at Georgia's Wilkes County Jail, Walton conceived a plan he hoped would …
Article • May 15, 2007
Ninth Circuit: Excessive Use of Force in Cell Extraction Defeats Qualified Immunity by John Dannenberg by John E. Dannenberg In an unpublished opinion, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the excessive use of force in a cell extraction violated a resisting prisoner's Eighth …
1,300 Days in Segregation Atypical Under Sandin by A federal district court in New York declined to grant a state prisoner's motion for a Temporary Restraining Order/Preliminary Injunction seeking release from segregation. The plaintiff had been sentenced to consecutive segregation' sentences totaling 4i years for misconduct. He alleged violations of …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a prison rule requiring that outgoing business mail be submitted unsealed and subject to inspection. The court found that the rule advanced the legitimate penological interest of preventing prisoners "from committing fraud on businesses …
Article • May 15, 2007
5th Circuit Upholds Sexually Explicit Publication Ban by The Fifth Circuit Court of Appeals upheld a prison rule which authorized the denial of sexually explicit publications. The court characterized the prisoner's challenge as a facial challenge which was foreclosed by Guarjardo v. Estelle, 568 F.Supp. 135 (S.D.Tex. 1983) and Thornburgh …
Article • May 15, 2007
$35,000 Paid in WA Jail Illegal Strip Search by In November 1999 a 15 year-old girl was arrested in Okanogon County, Washington, for failing to appear at a truancy hearing, a civil matter. The juvenile was strip-searched by a guard at the jail. The search was conducted in a room …
Attorney Fee Award Under § 1988 Not Recoverable from Nonparty by After a man became a suspect in the murder of a Kentucky state trooper, various police officials raided the man's father's house and arrested all of the occupants, which did not include the man. The occupants filed suit in …
Muslim Prisoners Awarded $9,000 for Religious Suppression by A New York Federal District Court awarded three prisoners at Attica State Prison $3,000 each for the Commissioner of Corrections; Paul McGinnis, failure to promulgate regulations that allow the prisoners to practice the religion of Islam as members of the Nation of …
Article • May 15, 2007
New York District Court Grants Partial Summary Judgment to Sheriff by The United States District Court for the Southern District of New York granted partial summary judgment to a county sheriff who had a blanket policy of strip-searching all arrestees. Jaime Murcia was arrested on a federal felony warrant for …
Article • May 15, 2007
Oklahoma Attorney General's Opinion Overrides Prison Officials; Court's Jurisdiction to Continue Until Assurance Violation Will Cease by The Tenth Circuit Court of Appeals held that when there is conflicting opinions between the Oklahoma Attorney General and Department of Corrections, the opinion of the Attorney General prevails; further, a district court …
Article • May 15, 2007
Policy Requiring Court Order For Law Library Access Unconstitutional by The U.S. Court of Appeals for the Eleventh Circuit held that a Sarasota County (Florida) Jail policy requiring a prisoner to obtain a court order before being permitted to use the jail law library was unconstitutional. Plaintiff was arrested on …
Prisoner's Second Complaint Frivolous, Appeal Not, on Claim Preclusion by Affirming an Illinois federal district court on other grounds, the U.S. Seventh Circuit Court of Appeals held that a prisoner's second complaint under 42 U.S.C. § 1983 against prison officials for violating his Eighth Amendment rights was barred by claim …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Seven-Day Bread Diet States Eighth Amendment Claim; Dismissal Vacated by The U.S. Second Circuit Court of Appeals, vacating in part a dismissal by the U.S. District Court for the Western District of New York, held that a state prisoner's complaint that his Eighth Amendment rights were violated when he was …
Summary Judgment on Religious Exercise Affirmed in Part and Reversed in Part by The U.S. Eighth Circuit Court of Appeals has affirmed in part and reversed and remanded in part a grant of summary judgment to Arkansas prison officials in a case involving free exercise of religion. Terry Procter is …
Article • May 15, 2007
Transfer Of Prisoners' Property To Sheriff Illegal by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri sheriff could not legally receive property from a prisoner. Missouri prisoners Charles Hazen and Gerald Hazen (father and son, respectively) brought § 1983 action against state Highway Patrol officers …
Article • May 15, 2007
W.VA Prisoner Forced to Receive Medical Treatment to Prevent Death, But Have Right to Refuse Treatment When Death is Inevitable by W.VA Prisoner Forced to Receive Medical Treatment to Prevent Death, But Have Right to Refuse Treatment When Death is Inevitable The West Virginia Supreme Court of Appeals held that …
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