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Portion of Ruiz Appeal Vacated by The court of appeals for the Fifth Circuit vacated a portion of its opinion in the Ruiz case on motion for rehearing filed by the prisoners. After the case was briefed and argued, but before the court of appeals issued an opinion, the parties …
Article • May 15, 2007
Modification to Ruiz Stipulation Not Abuse of Discretion by Relief was entered in a class-action suit against the Texas prison system (TDC). Following the Fifth Circuit's stay of the provision of the Ruiz stipulated decree prohibiting even properly supervised prisoners from possessing keys, the district court entered a Stipulated Modification …
Article • May 15, 2007
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs by The U.S. Court of Appeals for the eighth Circuit, held that the US District Court for the Northern District of Iowa, did not error when denied a prisoners suit, for failure to dispose of his …
Article • May 15, 2007
Filed under: Visiting
New York Incarceration Alone Not Grounds to Deny Visits with Children by The Supreme Court, Appellate Division, Fourth Department, New York, held that the Erie County Family Court, erred when it denied a prisoners petition for visitation with his children, based solely on the prisoners record of incarceration. The appellate …
Article • May 15, 2007
New York Prisoner Has No Right to Sue Over being Placed in Protective Confinement by New York Prisoner Has No Right to Sue Over Being Placed in Protective Confinement The United States Court of Appeals for the Second Circuit, affirmed the U.S. District Court for the Western District of New …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Illinois Prisoner Not Entitled to Two Types of Good Time Together by The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois did not err when it dismissed a prisoner's complaint that was filed for denial of good time …
Article • May 15, 2007
Filed under: Crime/Demographics, Census
District of Columbia Challenges Census Bureau Enumerating Prisoners as Residents of Virginia by The U.S. District Court for the District of Columbia, held that the District of Columbia did not have standing to sue the U.S. Department of Commerce for the Census Bureau's having enumerated D.C. prisoners at the Lorton …
Article • May 15, 2007
Illinois Prisoner Has No Liberty Interest in Personal Property by The Appellate Court of Illinois, Fourth District, held that the Sangamon County, Circuit Court, did not error when it dismissed a prisoner's complaint, for denying his due process rights by taking or limiting his personal property in prison. A prisoner …
Article • May 15, 2007
No Judicial Review or Order Required for Prison Censorship by The U.S. Court of Appeals for the Seventh Circuit held that the Wisconsin Department of Corrections (DOC) did not have to obtain a court order or initiate judicial proceedings against publications to censor them. A prisoner incarcerated in the Wisconsin …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
Washington Prisoner Has Right to Counsel in Racial Discrimination Suit by The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Western District of Washington erred when it dismissed a pro se prisoner's lawsuit for failing to state a claim and for denying …
DOCS Denied Summary Judgment on Mail, Retaliation, and Prison Conditions by The United States District Court for the Western District of New York has partly granted and partly denied summary judgment in a civil rights complaint brought by a New York prisoner against various officials of the Department of Correctional …
Article • May 15, 2007
Filed under: PLRA, Physical Injury Rule
Federal Court Holds PLRA Physical Injury Requirement Applies After Release by A federal district court for the Southern District of New York has held that the Prison Litigation Reform Act's (PLRA's) "physical injury" requirement, 42 U.S.C. §1997e(e), applies to actions brought by released prisoners. This ruling conflicts with several federal …
Article • May 15, 2007
New Jersey Ad-Seg Prisoners Have No Right to Education by The United States District Court for the District of New Jersey has held that prisoners in administrative segregation (ad-seg) do not have an equal protection right to education. Henry T. Little, a prisoner at the New Jersey State Prison (NJSP), …
Article • May 15, 2007
Washington DOC Pays $1,500 in Ice Slip and Fall by In 1994, Maureen E. Olin, a free citizen was paid $1,500 by the State of Washington. On a cold day in December of 1993, Olin went to the Special Offender's Center in Monroe to pick up her husband's check. As …
Article • May 15, 2007
Wisconsin Court Access and Conditions Claims Remanded by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's summary judgment dismissal of a prisoner's conditions of confinement complaint for failure to state a claim, remanded his access to courts claim because genuine issues of material fact had …
Article • May 15, 2007
Washington DOC Pays $80,000 in Guard Slip and Fall by In 1999, the State of Washington and the Department of Corrections paid Joann L. Sprengel and Lew Sprengel (husband and wife) $80,000. On February 14, 1995, Joann Sprengel was leaving to go home from work when she slipped and fell, …
Article • May 15, 2007
Washington DOC Pays $1,750 in Soapy Shower Slip and Fall by In August of 1993, Greg Irby, a prisoner confined at Cedar Creek in Little Rock, Washington, slipped and fell when trying to take a shower. Irby alleges that the floor of the shower was polished concrete that was covered …
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