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Article • May 15, 2007
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
Arbitrary Censorship and Abuse of Disabled Prisoners Unlawful by The Sixth Circuit has held that the First Amendment protects prisoners from capricious interference with their incoming mail and that actual physical injury is not a requisite to show an Eighth Amendment violation of cruel and unusual punishment. George Parrish and …
Arkansas Beating Suit Wrongly Dismissed When Court Won't Call Witnesses by The U.S. Court of Appeals for the Eighth Circuit held that a district court had erred in not considering a prisoner's request to call witnesses. A prisoner filed a civil rights suit against the Arkansas Department of Corrections, for …
Prisoner Appeals Damages Verdict in Failure to Protect Suit by Michael Darrell Sanders, an Arkansas prisoner, filed a lawsuit in U.S. District Court, Eastern District of Arkansas, in 1992 against the Arkansas Department of Corrections (DOC) and its officials (defendants), for allegedly failing to protect him from attacks by other …
Article • May 15, 2007
Prisoner's Claim of Censorship of Non-Obscene Materials Remanded by The U.S. Tenth Circuit Court of Appeals, reversing the U.S. District Court in Kansas, held that dismissal of a Kansas prisoner's claim against Kansas Department of Corrections (DOC) officials accused of censoring "obscene" materials was properly dismissed but that the prisoner's …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Article • May 15, 2007
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration by Prisoner's Damages from Civil Suit May Not Be Taken for Recovery of Incarceration Ronald Hankins (plaintiff), a prisoner at the Missouri State Penitentiary (MSP), filed a lawsuit against William Finnel (defendant), a teacher at MSP, for …
Article • May 15, 2007
$1,960 Awarded in Washington Public Records Suit by A Washington Superior Court, Thurston County, awarded Airway Heights Correctional Center (AHCC) prisoner Michael Allen Holmberg $1,960 in costs and penalties for the failure of the Washington Department of Corrections (WDOC) to provide public documents he had requested. On July 19, 1999 …
Article • May 15, 2007
Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed by Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed The U.S. Ninth Circuit Court of Appeals upheld a district court's order limiting a prisoner to six in forma pauperis filings per year, but reversed and remanded several of …
Article • May 15, 2007
Limits On Medical Malpractice Damages Violates Texas Constitution by The Texas Supreme Court held that statutory limits placed on medical malpractice damages violated the Texas Constitution. Infant Christopher Lucas had a penicillin product injected directly into an artery; a blockage formed causing the blood-starvation of nerve cells. Christopher was permanently …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
Jail Employees Privacy Protection Suit Denied by by John E. Dannenberg King County, WA jail employees sued Arthur Wallenstein, Director of King County's jails, Jail Commander Michael Graber, the City of Seattle and King County for releasing the employees' names in a report describing their participation in restraining an unruly …
Florida: Prisoner Raped In County Jail Awarded $65,950 by In this case published by the Florida Jury Verdict Reporter in April 1990, the plaintiff, a prisoner who was raped by another prisoner, was awarded $65,950. On November 23, 1987, while imprisoned in the medium-security section of the Pinellas County (Florida) …
Article • May 15, 2007
State and Official Capacity Defendants Not "Persons" Under § 1983 by The U.S. Supreme Court held that neither a state nor its employees acting in their official capacity were "persons" under 42 U.S.C. § 1983. After being fired for allegedly invalid reasons, a Michigan state employee sued the Michigan Department …
Pulaski County Jail Ordered to Clean Up or Quit by The United States District Court for the Eastern District of Arkansas ordered the Pulaski County Jail to bring jail conditions up to federal constitutional standards or terminate the operation of the facility. The jail detainees sought declaratory judgment and preliminary …
WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror by WA Prisoners' Conviction Reversed Due To Prosecutorial Misconduct And A Biased Juror The Washington State Court of Appeals, Division 1, held that Daniel Gonzales, was denied the right to a fair trial due to the fact that …
Article • May 15, 2007
No Attorney Fee Award After Timely Offer Of Settlement by The U.S. Supreme Court held that Illinois police officers who had made a timely settlement offer before trial were not responsible for attorney fees incurred by Respondent after the offer. Respondent brought action under 42 U.S.C. § 1983 and state …
Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld by Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld The Third Circuit Court of Appeals held a prevailing plaintiff is entitled to the award of attorney fees for services that …
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