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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 …
Denial of Religious Services in Segregation States Claim by The court of appeals for the Second circuit held that New York prisoner had stated a claim that his religious rights were violated when he was denied access to religious services in segregation. Court also held that the-prisoner's claim that he …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
Article • May 15, 2007
BOP Must Follow its own Rules by BOP Must Follow its Own Rules The court of appeals for the Eighth circuit held that a Missouri BOP prisoner was entitled to expect the BOP to follow its own policies. Federal prisoners can seek relief from such failures where constitutional rights are …
Article • May 15, 2007
No Right to Copies of Cases when Law Library Access Available by No Right to Copies of Cases When Law Library Access Available The court of appeals for the Eleventh circuit held that a Florida prisoner had no right to be provided with photocopies of court cases as long as …
Article • May 15, 2007
Qualified Immunity for Urine Samples in Presence of Parole Officer by The court of appeals for the Eighth circuit held that a Nebraska parole officer was entitled to qualified immunity from a parolee's lawsuit that he was required to provide urine samples for drug testing in the officer's presence. The …
Article • May 15, 2007
Prisoner Entitled to Possess Disciplinary Reports before Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to receive, and keep possession, of disciplinary reports at least 24 hours before the scheduled hearing. Giving the prisoner the reports, then taking them from …
Article • May 15, 2007
Jail Ban on Publications and Exercise Enjoined by A federal district court in North Carolina held that policies in the Gaston county jail banning paperback books, newspapers and magazines and denying detainees an opportunity to exercise were unconstitutional. The detainees were also denied constitutionally meaningful access to the courts. Court …
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