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Article • May 15, 2007
Filed under: Complaints, Sentencing, Parole
Criminal History Trumps Reporter Liability For Denial Of Parole by Kansas state prisoner Thomas Lamb filed a State Court complaint against Tony Rizzo, a newspaper reporter, alleging libel for published articles containing alleged "lies and false information" which caused Lamb to be denied parole. Rizzo removed the case to the …
Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief by Tenth Circuit Reverses Disciplinary Convictions For Pursuing Post-conviction Relief The U.S. Court of Appeals for the Tenth Circuit reversed two Oklahoma State prisoners disciplinary convictions for violating a state statute. The prisoners were wrongly convicted and punished for a misinterpretation …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
Article • May 15, 2007
Supreme Court Holds Damage Awards to be Reviewed De Novo by Review of a trial court's determination of the constitutionality of punitive damages should be de novo. At 1684: Despite the broad discretion that States possess with respect to the imposition of criminal penalties and punitive damages, the Due Process …
Article • May 15, 2007
Supreme Court Holds Private Parties Cannot Litigate Title VIII Disparate Impact Claims by Supreme Court Holds Private Parties Cannot Litigate Title VIII Disparate Impact Claims There is no private right of action to enforce disparate-impact regulations promulgated under Title VI of the Civil Rights Act of 1964. The statute prohibits …
Article • May 15, 2007
Failure to Treat Mild Paid Doesn't State Claim by The plaintiff cut his mouth on a piece of metal in his food. He got a tetanus shot and x-rays to make sure he hadn't swallowed any metal. He then went on a hunger strike and during that time complained about …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
Article • May 15, 2007
No Municipal Liability for Police Beating by The plaintiff complained of excessive force during the booking process at a police station. An officer thought he had tried to kick a second officer when told to pick up his feet, and knocked him down and then hit him in the face …
Article • May 15, 2007
Court Denies Appointment of Counsel in Medical Case by In deciding a motion to appoint counsel, the court first should determine whether the plaintiff is indigent, then whether the indigent's position "seems likely to be of substance." Then the court has discretion to consider the following factors: (1) the indigent's …
Article • May 15, 2007
Brutality Case Against Kansas Jail Dismissed by The plaintiff complained of excessive force. At 1245: "Jail officials are given some latitude in dealing with disruptive inmates." "On the other hand, jail officials may not use a disruption as an excuse for exercising unfettered and unjustified force." Here the only evidence …
No Liability in Scalding Attack on Seg Prisoner by The plaintiff was scalded with hot water when, unescorted, he approached his assailant's cell (by invitation) to retrieve his legal papers. At the time, he was in disciplinary segregation (having formerly been in protective custody). Policy dictated that prisoners be escorted …
Delaware Force Suit Dismissed by The plaintiff resisted when staff tried to place chains and a padlock on his cell door, and force was used against him. He filed one grievance about alleged excessive force and resulting medical problems, and a second grievance about the placement of chains on his …
Article • May 15, 2007
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed by Minnesota Sex Predator Not Entitled to Jury Trial before Being Civilly Committed James Poole, a Minnesota state prisoner, was civilly committed for an indefinite period of time under that state's sexual predator laws. He was not allowed …
Article • May 15, 2007
Ninth Circuit Reverses Dismissal of Mail Rule Challenges by On September 24, 1998, the Ninth Circuit Court of Appeals issued an unpublished opinion, vacating in part, summary judgment granted to jail officials on challenges to prison mail rules. Phoenix, Arizona jail prisoner Mark Price brought suit in federal court challenging …
Article • May 15, 2007
NY Jail Must Release Suicide Reports by The New York Supreme Court ordered the director of the Suffolk Count Jail to release reports concerning a prisoner suicide to the New York State Commission of Correction, (Commission). On November 7, 2003, a prisoner at the Suffolk County Jail was found hanging …
NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable by NJ Prisoner's § 1983 Action Against Parole Board and Its Agents Dismissed as Incognizable In 1997, John Williams was a New Jersey state parolee. His parole officer arrested him for changing jobs without permission and …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
Article • May 15, 2007
Qualified Immunity Upheld on Supermax Mental Illness Aggravation by The Seventh Circuit Court of Appeals affirmed a lower court's grant of qualified immunity on a mentally ill prisoner's condition of confinement claim. Wisconsin prisoner Christopher Scarver is schizophrenic and delusional. He has murdered three people, two of them in prison …
Seventh Circuit Reverses Dismissal of Race/Exposure Claims by In an unpublished order, the Seventh Circuit Court of Appeals reversed the dismissal of an Illinois prisoner's racial discrimination and pepper spray exposure claims. Illinois prisoner Johnnie Flournoy brought suit in federal court asserting several unrelated constitutional violations. The district court dismissed …
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