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Florida Sex Offenders Must Pay for Court Order Treatment by Florida Second District Court of Appeals has held that a trial court's order that requires the Florida Department of Corrections (FDOC) to pay the cost of a probationers sex offender treatment violates the doctrine of separation of powers. The trial …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Article • May 15, 2007
Judgment Vacated in Aikens v. Lash by The Supreme Court granted certiorari, granted respondents leave to proceed in forma pauperis, and vacated and remanded the Seventh Circuit's decision in Aikens v. Lash, 54 F.2d 55 (7th Cir. 1975), a case in which segregated Indiana state prisoners were given the right …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Article • May 15, 2007
Lay Advocate Case Affirmed in Part by In an unpublished opinion, the Seventh Circuit court of appeals affirmed in part, reversed in part, and remanded an Indiana case requiring that prisoners in segregation be given a lay advocate during disciplinary transfer hearings. There are numerous other opinions in this case …
Article • May 15, 2007
Police Officers' Names Not Exempt Under WA's Open Records Act by The Court of Appeals of Washington, Division I, held that the full names and rank of police officers were not exempt from disclosure under the open records provision of Washington's Public Disclosure Act and that the County was subject …
Article • May 15, 2007
Prisoner Entitled to Lay Advocate in Disciplinary Transfer by The Seventh Circuit court of appeals held that certain minimal due process, requirements are attached to disciplinary transfers of prisoners from the Indiana State Prison. The court held that a prisoner who was the subject of a disciplinary transfer hearing was …
Article • May 15, 2007
Prisoners' Motion and Petition Granted, Judgment Vacated by Prisoners in the Bexar County (Texas) Jail filed a suit under 42 U.S.C. § 1983, alleging of inadequate access to law books. The district court summarily dismissed the suit and the Fifth Circuit refused to docket the appeal because the prisoners had …
Article • May 15, 2007
Warden's Order Forbidding Letters to Court Questioned by In one of the first prisoner rights cases, the court of appeals for the Seventh circuit held that a district court erred in dismissing an Indiana state prisoners writ of coram nobis where the prisoner claimed the warden had issued a written …
Article • May 15, 2007
Montana S.Ct. Rules on Attorney Malpractice by The Montana Supreme Court held that a prisoner had adequately pleaded malpractice by his attorney when the lawyer he hired while imprisoned in Idaho purported to represent him in a Montana criminal case and entered a guilty plea on his behalf. The prisoner …
Article • May 15, 2007
U. S. Marshals Need Not Transport State Prisoners to Court by The United States District Court for the Eastern District of Pennsylvania issued writs of habeas corpus ad testificandum for five prisoner witnesses to appear in a civil rights action against Philadelphia County Jail officials. The writs instructed the wardens …
Retaliation for Prisoner's Complaint is Unconstitutional by The Appeals courts of Massachusetts ruled that retaliation against a prisoner for complaining of prison conditions is unconstitutional and violates the First Amendment guarantee of free speech, provided the prisoner proves the prison officials acted as a result of his complaint. A MA …
Article • May 15, 2007
Double Bunking Not Allowed In NJ Jail by Public advocate for prisoner's in Monmouth County Correctional Institution filed a motion seeking to modify a previous court order involving prisoner housing. In the original suit a district court found conditions at MCCI to be unconstitutional. The judge subsequently ordered various modifications …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Article • May 15, 2007
Eleventh Circuit Defines Privacy Act Elements by The Eleventh Circuit Court of Appeals has defined the requirements for stating a Privacy Act claim, and reversed the dismissal of the complaint. Federal prisoner Angelo Perry filed a complaint against the Bureau of Prisons (BOP) for willfully and intentionally transferring [him] pursuant …
Article • May 15, 2007
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Article • May 15, 2007
Filed under: Organizing, Protests
Misdemeanor Conviction for Protesting on Jail Property Constitutional by The United States Supreme Court has held that a conviction for trespass on jail property does not violate demonstrators' constitutional rights to free speech and assembly. Harriett Louise Adderley and 31 students of the Florida A & M University in Tallahassee, …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Article • May 15, 2007
Secretary Error Allows for Late California Tort Claim by California's Third Appellate District has held that a trial court abused its discretion in denying a prisoner's motion for leave to file a late government tort claim. Before the Court was the appeal of Manuel Renteria, who sought to pursue a …
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