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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 …
Dismissal, Summary Judgment Against Prisoner's Medical Claims Affirmed by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court, Western District of Washington, held that a prisoner failed to prove that Washington prison officials were deliberately indifferent to his serious medical needs when they treated him with anti-psychotic …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Private Corporations Subject to Florida's Public Records Act by Florida's Fourth District Court of Appeals has reversed a Broward County Circuit Court's order dismissing a petition for writ of mandamus, seeking to compel Aramark Food Service to provide a copy of the food service contract between Aramark and the Florida …
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 …
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