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State Law Claim Review Standard in Federal Action by The court of appeals for the Fifth circuit held that federal law governs the ultimate issue of constitutional law in this Texas jail case, but state law provisions governing daily jail operations were a state law matter and federal courts do …
Article • May 15, 2007
Ten Years in Segregation Unconstitutional by The court of appeals for the First circuit affirmed a Rhode Island district court injunction ordering a prisoner's release from segregation after ten years. The lower court ruling is published at: 549 F. Supp. 291. The injunction required prisoner's integration from segregation to general …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Article • May 15, 2007
"Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time by "Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time Joining all other circuit courts of appeals that have ruled on the question, the U.S. Second Circuit Court of Appeals ruled that the "imminent danger" exception to the "three …
Article • May 15, 2007
Dismissed Retaliation Claim Reversed by The U.S. Sixth Circuit Court of Appeals reversed and remanded an Ohio U.S. District Court decision dismissing claims against prison officials accused of retaliating against prison guards for exercising their First Amendment rights. Carlos Goad and Robert Wuchich sued officials of Ohio's Mansfield Correctional Institution …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Article • May 15, 2007
Prison Strip Search Policy Reasonable, Tasers Okay by The U.S. Ninth Circuit Court of Appeals ruled that a maximum security prison's strip search policy was reasonable and, in a case of first impression, held that tasers, also known as "stun guns," could be used by prison guards to enforce compliance …
Denial of Disciplinary Nearing Witnesses Illegal; $250 Damages Awarded by The court of appeals for the Eighth circuit held that it violates due process for prison disciplinary hearing officers to refuse to call witnesses for the hearing. District court ruled in Iowa prisoner's favor and awarded $250 in damages where …
Qualified Immunity Defense Waived in Jail Suit by The court of appeals for the Fifth circuit held that Louisiana jail conditions were unconstitutional due to overcrowding, a lack of programs and no outdoor exercise for the prisoners. After a trial finding the defendants liable, the district court, sua sponte, raised …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
Disciplinary Hearing Requires Fact Finding by The court of appeals for the Seventh circuit upheld the dismissal of an Illinois state prisoner's lawsuit over searches of his cell for refusing to pay a guard's extortion demand and that the guard planted false evidence in his cell as a result. The …
Article • May 15, 2007
FL Good Time Change Violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling granting habeas relief to Florida prisoners. After petitioners were convicted, the Florida legislature changed the good time scheme, to their detriment, and DOC applied the change retroactively to …
Segregation for Complaining about Jail Conditions Struck Down by Segregation for Complaining About Jail Conditions Struck Down The court of appeals for the Third circuit held that it is unconstitutional to place a jail prisoner in segregation, without a hearing, in retaliation for the prisoner complaining about conditions to the …
Retaliatory Beatings Violate First Amendment, Damages Awarded by Retaliatory Beatings violate First Amendment, Damages Awarded The court of appeals for the Second circuit held that a district court had improperly granted Judgment Notwithstanding the verdict to prisoner officials in a retaliation suit filed by New York state prisoners. Court also …
$7,500 for Failing to Protect Snitch by The court of appeals for the Seventh circuit affirmed a district court awarding an informant $7,500 in damages after he was assaulted by other prisoners. The prison failed to screen snitch's files. His files were not checked before being placed in Protective Custody, …
Article • May 15, 2007
Guards Liable for Failing to Protect Snitch by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois prisoner's suit that guards were deliberately indifferent to his safety when he was attacked by a cellmate in Protective Custody. Plaintiff had previously assisted …
Article • May 15, 2007
Governor Held in Contempt in RI Crowding Suit by A federal district court in Rhode Island held that the state's governor and director of prisons were in continuing contempt for failing to comply with previous orders to correct unconstitutional prison conditions. Court previously held that prisoners and detainees could not …
Liberty Interests for PC Prisoners Discussed by A federal district court in Missouri held that protective custody Colorado prisoners sent to Missouri to relieve overcrowding in their home state, had a due process liberty interest in being treated the same as general population prisoners in Colorado were. Prisoners alleged deprivations …
NJ Jail Held in Contempt by A federal district court in New Jersey held that the Essex county jail was in contempt for not complying with orders to limit overcrowding and give prisoners outdoor exercise. Court had previously found conditions were deplorable and ordered relief. Court sanctioned jail with $1,476,800.00 …
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