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Legal Aid Lawyers Entitled to Fees in Jail Conditions Suit by Idaho jail prisoners filed suit over jail conditions. The jail was a converted house with rat droppings and a leaking sewage pipe in the kitchen, fire hazards caused by lack of exits, no law library access, including items such …
Attorney Fees Deposited in Escrow Due to Defendant Intransigence by Florida jail prisoners successfully challenged unconstitutional jail conditions. The district court awarded $7,506.50 in attorney fees for post judgment work done to monitor the injunction and ordered the money deposited into a court escrow account due to the defendants' unwillingness …
Article • May 15, 2007
RI Jail Liable for Attorney Fees by After winning a jail conditions lawsuit, the district court awarded Rhode Island jail detainees $115,483.79 in attorney fees and costs. The defendants appealed, arguing actual lawyer fees should be used to compute fees, not the market rate. The court of appeals for the …
City Liable when Informant Killed by City Liable When informant Killed A prisoner's wife sued the Muskogee, Oklahoma city/federal jail under § 1983 for failing to protect her husband, an informant killed by jail prisoners. Plaintiff's husband was convicted but not yet sentenced. Case went to trial and jury awarded …
Article • May 15, 2007
Second Hand Smoke Exposure States Claim by A Kansas state prisoner filed suit alleging violation of his Eighth amendment rights after being exposed to second hand smoke (AKA environmental Tobacco Smoke, FTS). The district court awarded summary judgment to the defendants. The court of appeals for the Tenth circuit affirmed …
Article • May 15, 2007
Prison Rules Require Adequate Notice, Supervisor Liable in Disciplinary Appeals by A Maryland state prisoner sued under § 1983 challenging the lack of notice of prison rules and no prison appeal procedure. He was infracted for possessing contraband, anything not issued by the prison, for having a pair of jeans …
Article • May 15, 2007
Overcrowding Ills Described by A federal district court in Missouri amended its previous order at 602 F. Supp. 476 (ED MO 1984) which limited overcrowding in a Missouri jail. Court gives a good discussion on the community's responsibility for pretrial detainees and the destruction of confidence in the criminal justice …
Article • May 15, 2007
Jail Detainees Have Right to Meet with Counsel by The court of appeals for the Third Circuit held that a district court erred in dismissing a Pennsylvania jail prisoner's claim that he was denied an adequate opportunity to meet with his trial lawyer to prepare his defense. The appeals court …
Article • May 15, 2007
Destruction of Court Papers States Claim by The court of appeals for the Seventh circuit held that an Illinois state prisoner had stated a claim for violation of his right to due process when jail guards destroyed court papers he needed to seek post conviction relief. Lower court erred in …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Single EMIT Test Result Enough To Convict WA Prisoners by The Washington state supreme court held that a single positive EMIT test for drug use constituted sufficient basis to convict and punish Washington state prisoners for drug use. The court also held that Washington prisoners have a constitutionally protected liberty …
WA Disciplinary Hearings Exempt from APA by The Washington state Supreme Court held that prison disciplinary hearings are immune from judicial review under the Washington Administrative Procedures Act. Court notes that judicial review of prison disciplinary hearings is available in state court under habeas corpus, certiorari, mandamus and Personal Restraint …
Article • May 15, 2007
Filed under: Media, Access to Media
BOP Media Access Rule Upheld by The court of appeals for the Eleventh circuit held that the Bureau of Prison's media access rule, 28 C.F.R. § 540.2(6)(4) that limits prisoner media access only to people employed full time as journalists is constitutional. The court noted that neither prisoners nor the …
Article • May 15, 2007
Censorship of Muslim Literature Struck Down, Detainees Have Right to Confidential Contact with Counsel by The court of appeals for the Fifth circuit affirmed a district court's injunction-prohibiting the Fast Paton Rouge sheriff in Louisiana from censoring the Koran and Muhammad Speaks to jail prisoners. The court reversed dismissal of …
Article • May 15, 2007
Retaliatory Transfer States Claim by The court of appeals for the Fifth circuit held that a lower court erred in dismissing a Florida prisoner's civil rights suit that he was transferred to a higher security prison in retaliation for filing lawsuits and challenging his criminal conviction in court. Case was …
CO Medical Co-Pay Fee Overturned, Plaintiffs Awarded Atty Fees by Colorado prisoners successfully challenged a state statute charging prisoners $3 each time they sought medical care. The lawsuit alleged the co-pay statute violated their Eighth amendment rights. Before trial the state amended the statute to exclude most services. The district …
$22,500 Awarded, Due Process Required for Forced Drugging by $22, 500 Awarded, Due Process Required for Forced Drugging The court of appeals for the Seventh circuit held that an Indiana prisoner was competent to decide whether or not to take medication for schizophrenia. The prisoner was forcibly drugged and the …
Boxcar Cells Unconstitutional by The court of appeals for the Eighth circuit held that Missouri prisoners were given adequate due process before being placed in administrative Segregation because hearings were provided. Double celling in ad seg was permissible if sanitation was not an issue. Court held that under the "totality …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Litigants Entitled to Notice of Complaint Deficiencies before Dismissal by Pro Se Litigants Entitled to Notice of Complaint Deficiencies Before Dismissal The court of appeals for the Ninth circuit held that a pro se BOP prisoner in California was entitled to notice of his complaint's deficiencies, and an …
Retaliation for Use of Grievance System Unconstitutional by The court of appeals for the Eleventh circuit held that a district court erred in dismissing an Alabama prisoner's retaliation lawsuit. The court held that a state created liberty interest in remaining at a given prison was not required when the prisoner …
Article • May 15, 2007
Filed under: Court Access, Photocopies
No Right to Free Photocopies by The court of appeals for the Tenth circuit held that an Oklahoma BOP prisoner did not have a right to free photocopying for filing legal documents. In this case the BOP charged 10 cents per copy and would debit the prison trust accounts of …
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