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Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Article • May 15, 2007
Consent Decree Entered Regarding Minnesota Prison Medical Care by On May 27, 1997, a consent decree enumerating the medical rights of prisoners in the Minnesota State Prison was entered in the District Court for the District of Minnesota. Plaintiffs, Minnesota state prisoners, brought an action under the Civil Rights Act …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Article • May 15, 2007
No Writ Of Mandamus When Other Remedies Exist by The U.S. Supreme Court held that parties seeking issuance of writ of mandamus must show that there is no other way to gain the desired relief. California prisoners filed a class action suit alleging constitutional violations in the way sentence lengths …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Article • May 15, 2007
Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause by Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause The United States Supreme Court held that the use of Florida's revised sentencing guidelines retroactively when those guidelines change the legal consequences of acts committed before their …
Article • May 15, 2007
Consent to Named Magistrate Does Not Apply to All Magistrates by The court of appeals for the Seventh circuit held that a party consenting to proceedings before a specific, named magistrate did not constitute consent to later proceedings before a different magistrate under 28 U.S.C. § 636(c). As a result, …
Article • May 15, 2007
Wrong Zip Code Tolls Filing of Appeal by The court of appeals for the Federal circuit held, in this non-prison case, that a veteran mailing a notice of appeal that had the wrong zip code, but was otherwise properly addressed, to the Board of Veterans' Appeals, was improperly dismissed as …
Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit by Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit The U.S. Supreme Court held that punitive damages are available in § 1983 actions. A prisoner in a Missouri juvenile prison filed a 42 U.S.C. …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
US Supreme Court Held Plaintiffs Have A Right To Amend Complaints by The US Supreme Court held that it is entirely contrary to the spirit of the Federal Rules of Civil Procedure (FRCP) for decisions on the merits of a case to be avoided on the basis of technicalities. The …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Article • May 15, 2007
Filed under: Civil Procedure, Witnesses
US Supreme Court Holds That Witness Immunity Applies to All Witnesses. by The US Supreme Court held that all witnesses, governmental or private, that are an integral part of a judicial process in criminal or civil cases, have absolute immunity from subsequent damage liabilities and from suit. The Supreme Court …
Article • May 15, 2007
Disputed Facts Warrant Summary Judgment Reversal in Amputated Finger Case by The U.S. Seventh Circuit Court of Appeals has reversed Wisconsin District Court's grant of summary judgment to a deputy sheriff in a case involving amputation of a prisoner's finger. Robert Sallie, a Wisconsin prisoner, was confined in the Dane …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
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