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Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
New Jersey Statute Barring Prisoner Lawsuits Struck Down by The U.S. District Court for the District of New Jersey held that a New Jersey statute (N.J.S.A. 59:5-3) barring initiation of any court action, "by or on behalf of a prisoner against a public entity or public employee until such a …
Article • May 15, 2007
No Compensation Due to Owners on IOLTA Funds' Interest Transfers by In a 5-4 decision, a sharply-divided United States Supreme Court held that transfer of interest on client funds deposited in a pooled "interest on lawyer's trust account" (IOLTA) from the account to a government program that provides legal services …
No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
Article • May 15, 2007
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
Test For Chemical Agents Use On Prisoners Discussed by The Fourth Circuit Court of Appeals held that jury instructions given in a case challenging the use of chemical agents were proper in light of the plaintiffs' failure to object, and that the use of chemical agents on recalcitrant prisoners is …
Article • May 15, 2007
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Article • May 15, 2007
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Article • May 15, 2007
Untimely Grievance Not Exhaustion of Administrative Remedies by The Eleventh Circuit Court of Appeals held a prisoner cannot claim exhaustion of administrative remedies by filing an untimely grievance and claiming further exhaustion would be futile. This 42 U.S.C. Section 1983 action was filed by a Georgia prisoner claiming Eighth and …
Article • May 15, 2007
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim by U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim On June 20, 2002, the U.S. Supreme Court reversed the U.S. Court of Appeals, District of Columbia's decision in a backward-looking court access case brought by a …
Article • May 15, 2007
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard by The U.S. Supreme Court held that the use of deadly force in apprehending a fleeing suspect was a seizure under the Fourth Amendment and that a Tennessee law allowing police officers to use deadly force against a fleeing suspect …
Article • May 15, 2007
Use of Force While Prisoner Restrained Defeats Summary Judgment by A Kansas Federal District Court held a guard's initial use of force to restrain a prisoner was permissible under the circumstances of the case, but found a genuine issue of material fact existed as to the reasonableness of force used …
Article • May 15, 2007
WA Racial Segregation Suit Settled for $500 and Transfer by A 42 U.S.C §1983 suit filed in the federal Eastern District Washington court by twelve prisoners at the Washington State Prison alleged prison officials were racially biased in making cell assignments. All of the cells were segregated by race; i.e., …
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
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