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Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Article • May 15, 2007
Court Of Appeals Overturns Prison Population Cap in DC Case by The United States Court of Appeals for the D.C. Circuit, concluded that the Supreme Court required them to vacate the District Court's order imposing a population limit at Occoquan Facility of the D.C. Lorton Correctional Complex prison generally and …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Article • May 15, 2007
Fifth Circuit Upholds Protection for Plaintiffs in Ruiz Suit by After filing suit against the Texas prison system, prisoner plaintiffs were retaliated against both physically and with disciplinary action. The district court entered two protective orders which were violated by defendants. As part of a third protective order, the district …
Ruiz Attorney Fees Approved; State Fees Cap Invalid by Following a successful civil rights suit in which conditions in Texas prisons were declared unconstitutional and extensive remedial relief ordered via consent decree, the plaintiffs moved for attorneys' fees and costs under 42 U.S.C. § 1988. The court stayed the award …
Article • May 15, 2007
Fifth Circuit Refuses to Hear Appeal of Attorneys' Fees Order by The Fifth Circuit court of appeals held that the defendants in a class-action suit by Texas prisoners could not maintain an interlocutory appeal of the district court's award of attorneys' fees for obtaining and enforcing orders issued by the …
Article • May 15, 2007
Sanctions Ordered Against Michigan Prison by For failing to comply with district court orders to implement vocational programs, the District Court, E.D. Michigan, S.D., ordered contempt sanctions against Michigan prison officials. See: Glover v. Johnson, 9 F.Supp. 799 (ED MI 1998).
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Article • May 15, 2007
Relief Ordered For Overcrowded D.C. Prison by The United State District Court, District of Columbia, in response to a D.C. Occoquon Prison Facility, of the Lorton Correctional Complex, prisoner's claims that overcrowding and systemically deficient conditions at state medium security institutions constituted cruel and unusual punishment in violation of Eighth …
Article • May 15, 2007
FOIA Fee Waiver Provision Discussed by The D.C. Circuit Court of Appeals held that a non-profit organization demonstrated with reasonable specificity that disclosure of information it requested under the Freedom of Information Act (FOIA) was in the public interest and that it was eligible for a fee waiver. Two non-profit …
Article • May 15, 2007
Injunction Issued Against Proposed New Mexico DOC Staffing Reductions by The U.S. District Court for the District of New Mexico held that state prisoners were entitled to an injunction barring a proposed reduction of medical, mental health and security staff as the scope of the proposed reductions may have compromised …
Article • May 15, 2007
Intentional Destruction of Evidence Requires Sanction by The New York Supreme Court, Appellate Division, reversed a Court of Claims' denial of a motion for sanctions where prison officials destroyed video tapes showing that a prisoner was beaten. The Attica Correctional Facility prisoner sought damages for injuries caused by guards beating …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
Test For Chemical Agents Use On Prisoners Discussed by The Fourth Circuit Court of Appeals held that jury instructions given in a case challenging the use of chemical agents were proper in light of the plaintiffs' failure to object, and that the use of chemical agents on recalcitrant prisoners is …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Article • May 15, 2007
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
Article • May 15, 2007
Waiver of Right to Sue Questioned in Prisoner's §1983 Claim by Waiver of Right to Sue Questioned in Prisoner's §1983 Claim The U.S. Sixth Circuit Court of Appeals reversed dismissal by the U.S. District Court, Northern District of Ohio, in a state prisoner's dental care suit and ordered the lower …
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