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Article • May 15, 2007
No Indemnification to Insurance Company from Killer by After Connecticut prisoner Kevin King received a $2,070,000 award in a civil rights case resulting from a beating he received during a failed prison escape, the insurance company that paid a $1,750,000 settlement for wrongful death relating to King's crime (a murder) …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Article • May 15, 2007
$500,000 Awarded Kansas Citizen For 25 Days False Imprisonment by Alonzo Echols, 48, is not Alonzo Eacholes, despite repeatedly telling officers, jails, and courts this. In February of 2000, Echols was arrested for felony battery on a warrant that should have been for Eacholes. His release took 18 months, though …
Article • May 15, 2007
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
Article • May 15, 2007
Filed under: Sentencing, Parole
California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by John E. Dannenberg The California Court of Appeal, Fourth District, granted a second degree murderer's habeas corpus petition and ordered the Board of Parole Hearings (BPH) to give …
Article • May 15, 2007
$49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits by $49,500 Awarded To Florida Prisoner For Unconstitutional Removal Of Gain Time Credits Former Florida State prisoner Rogelio Ibarra's supervision time was increased by the Florida Department of Correction (FDOC) after holding a legislative change in incentive gain …
Article • May 15, 2007
No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs by No Right To Halal Meat for Washington State Prisoner If Kosher Fits Religious Needs Pro se Washington State prisoner and Muslim Linniell Phipps claimed constitutional violations when his facility substituted Kosher meals for Halal meat. …
Article • May 15, 2007
Illinois Jail's Bail Bond Fees Upheld by The plaintiff arrestees sued because sheriffs were charging "bail fees," authorized by state statute, to persons who made bail by depositing their bond with sheriff. The fee was set at $1.00 by statute, with provisions for counties to raise it if an independent …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
Article • May 15, 2007
Moving Case off Active Docket Not a Dismissal by The parties advised the court that the case would be settled, and hearing nothing to the contrary seven weeks later, it ordered the case "closed." However, the case really wasn't settled. When the parties reported that fact, the court declared that …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Connecticut Guards Firing for Motorcycle Gang Membership Denied PI by State correctional officers were issued "formal counseling" for violating the state's policy against engaging in conduct that constitutes or looks like a conflict of interest, engaging in unprofessional or illegal behavior that could reflect negatively on the agency, and acting …
Loss of Sentence Reduction for Positive Drug Test Upheld by The petitioner was prescribed an opiate for medical reasons and the next day tested positive for cocaine metabolites. The plaintiff was not denied due process by the failure to call the doctor who prescribed the opiate as a witness at …
Article • May 15, 2007
Filed under: Medical, Abortion, Damages
Punitive Damages of 31 to 1 Upheld in Abortion Access Suit by The court approves punitive damages under the Freedom of Access to Clinic Entrances Act against anti-abortion protesters who threatened the lives of abortion providers, in ratios to compensatory damages of up to 32 to 1. At 1063: "This …
Article • May 15, 2007
Supreme Court Rejects Time Limit Notices by Judges by The Ninth Circuit declared that partially unexhausted habeas petitions, which are subject to a total exhaustion rule under Rose v. Lundy (1982), should be subject to a "stay and abeyance" procedure designed to protect habeas petitioners from the interaction of the …
Article • May 15, 2007
No Court Access Claim for Loss of Legal Papers by The plaintiff alleged that his legal papers were lost, preventing him from making important submissions in his criminal appeal (in which he had counsel) and "perhaps" causing the loss of the new trial he obtained. At 261: "Interferences that merely …
Article • May 15, 2007
Legal Mail and Attorney Call Claims Subject to PLRA by The plaintiff complained that his attorney-client telephone calls and correspondence were improperly intruded upon. At 159: Krilich argues that his Fifth Amendment claim is not subject to the PLRA because it is not brought "with respect to prison conditions." Krilich …
Children Have No Right to Protection from Abuse by State by Minor children sued employees of the state Department of Children and Families for failing to protect them from their stepfather's physical abuse, asserting that the state child welfare statutes create a right to child protective services protected by due …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Article • May 15, 2007
ADEA Exhaustion Not Jurisdictional by Exhaustion under the Age Discrimination in Employment Act is not jurisdictional (150). The court applies to ADEA administrative exhaustion the same rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in …
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