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Punishment for Religious Fasting States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Iowa prisoner's free exercise claim that he had been placed in segregation for religious fasting. The court held that pre service dismissal was erroneous because …
Article • May 15, 2007
Supreme Court Issues Use Of Force Standard In Riot Cases by The U.S. Supreme Court held that the shooting of an Oregon prisoner by prison officials during a security action did not violate his Fight Amendment rights. The prisoner filed suit under 42 U.S.C. Section 1983 alleging that he was …
Article • May 15, 2007
Several Necessary Components Of Involuntary Servitude by The U.S. Court of Appeals for the Sixth Circuit held that several factors were necessary to create a state of "involuntary servitude" and that expert testimony had not been shown to be scientifically-recognized. After two mentally retarded men were found laboring on a …
Article • May 15, 2007
Sixth Circuit Permits Bivens action Against BOP for IAD Violation by The U.S. Sixth Circuit Court of Appeals held that a federal prisoner in custody of the Bureau of Prisons (BOP) could maintain a Bivens action against the BOP Director for failing to dismiss a detainer after the receiving jurisdiction …
Article • May 15, 2007
$5,040 Awarded in Federal Prison Stabbing by A Georgia federal district court, after a non-jury trial, held the United States Government was liable under the Federal Tort Claims Act in a prisoner on prisoner stabbing. The stabbing was committed by Steve Rollins, a prisoner of the Atlanta Federal Penitentiary, who …
$24,000 Paid in WA Disability Termination Suit by Thomas J. Miller, a visually impaired individually applied for, was interviewed, and hired by Second Chance, a non-profit organization that is a Washington DOC Contractor, to be an on-call supervisor. Bruce Kuennan, Second Chance Director, told Miller that the Washington DOC would …
Article • May 15, 2007
Filed under: Organizing, Protests
Anti-Picketing Ordinance Unconstitutional; Anti-Noise Ordinance Not Vague or Overbroad by The United States Supreme Court held an Illinois Anti-Picketing law was unconstitutional, but an Anti-Noise law was not. A group of protesters were picketing outside the West Senior High School in Rockford; they were carrying signs that summarized their grievances: …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Attorney Fees Awarded in Long-Running Jail Class Action Suit by A federal district court in Texas awarded over $2,463,000.00 in attorney fees pending an effective date of the Civil Rights Attorney's Fees in a 15-year old civil rights action brought by prisoners in the Harris County (Texas) jail. Upward adjustment …
Article • May 15, 2007
California: County Prisoner Injured Knee In Fall, Awarded $96,000 by On June 5, 1995, a jury in San Francisco County, California, awarded $96,000 to a prisoner who injured his knee in a job related fall. Plaintiff Nelson A. Portillo, 29, was serving a jail sentence at the San Francisco County …
Article • May 15, 2007
Canadian Crime Victim Settles Halfway House Suit for $215,000 by On January 22, 2001, the Correctional Services of Canada agreed to pay an unidentified female rape victim $215,000 (Canadian) hours before her civil suit for damages was scheduled to begin. In 1998 the victim was attacked by James Armbruster, described …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Confessions Made in Therapy Protected Under 5th Amendment by The court of appeals for the Ninth circuit held that statement made by a prisoner in court ordered therapy are protected by the Fifth amendment's right Against self incrimination. Washington state prisoner Dan Pens was committed to a sexual psychopath program …
Article • May 15, 2007
Constitutional Issue Not Required for Attorney Fees Award by This case arose out of a Connecticut woman's federal court challenge under 42 U.S.C. § 1983 to Connecticut's Aid to Families with Dependent Children (AFDC) regulations which denied her credit for actual work-related expenses. The complaint was decided in the woman's …
Article • May 15, 2007
Contact Visits/Presence at Shakedown Not Required by Pretrial detainees at the Los Angeles County Central Jail filed a suit in federal district court under 42 U.S.C. § 1983. It alleged that the jail's policy of forbidding contacting visits and randomly shaking down cells in the detainees' absence violated the Due …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Article • May 15, 2007
Deliberate Indifference to Serious Medical Needs Actionable by J. W. Gamble, a Texas state prisoner, filed suit in the U. S. District Court for the Southern District of Texas alleging that prison officials and prison medical personnel violated his Eighth Amendment right to be free from cruel and unusual punishment …
Article • May 15, 2007
Dismissal of Assault Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed a Michigan federal district court's dismissal of a state prisoner's civil rights suit claiming that a Michigan Department of Corrections (MDOC) official was deliberately indifferent to prisoner safety. Michigan prisoner Prince Varmado-El got into an argument …
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