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Article • May 15, 2007
Supreme Court Restricts RICO Act's Application Against Protestors by The United States Supreme Court, in a decision with potentially far- reaching consequences for protestors, held that abortion services providers cannot use the Racketeer Influenced and Corrupt Organization (RICO) Act, 18 U.S.C. §§1962(a), (c), and (d), the Hobbs' Act, 18 U.S.C. …
Article • May 15, 2007
Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case by Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case The Washington Court of Appeals held that a prisoner has the right to call witnesses at a prison disciplinary hearing to over the presumption that …
Article • May 15, 2007
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range, as to whether their action was punitive …
Article • May 15, 2007
Waiver of Right to Sue Questioned in Prisoner's §1983 Claim by Waiver of Right to Sue Questioned in Prisoner's §1983 Claim The U.S. Sixth Circuit Court of Appeals reversed dismissal by the U.S. District Court, Northern District of Ohio, in a state prisoner's dental care suit and ordered the lower …
Article • May 15, 2007
Washington Gift Publication Ban Unconstitutional by The Ninth Circuit Court of Appeals held that a prisoner may receive books from a publisher and be paid by an outside source. Washington Prisoner Tommie Lee Stewart was refused to possess two books sent directly from the publisher and paid for by his …
Article • May 15, 2007
Filed under: Transfers, Sentencing
CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy by CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy California's Fourth District Court of Appeals held the San Diego County Sheriff is required to advise jail-sentenced prisoners of a jail policy that makes them …
Article • May 15, 2007
California: Good-Time Statute Not Violative of Ex Post Facto by The Supreme Court of California held that the application of a good-time statute enacted on January 1, 1983 to prisoners convicted before that time and under a different good-time statute did not violate the state or federal ex post facto …
Article • May 15, 2007
Cell Search Ordered By Prosecutor Actionable Under Fourth Amendment by The U.S. Court of Appeals for the Second Circuit held that a prisoner in New York's Metropolitan Correctional Center retained sufficient Fourth Amendment rights to challenge a cell search initiated by the prosecution in his criminal case. Three defendants appealed …
Article • May 15, 2007
Colorado District Court Refuses to Dismiss Probationer's §1983 Suit by Colorado District Court Refuses to Dismiss Probationer's §1983 Suit The U.S. District Court for the District of Colorado refused to dismiss a Colorado probationer's civil rights suit challenging the conditions of his probation. Mark Fritz was placed on 20 years …
Article • May 15, 2007
Conditions of Confinement in Virgin Islands Prison Unconstitutional. by The Federal District Court in the Virgin Islands found that widespread unconstitutional conditions existed at the Golden Grove Adult Correctional Facility. In a terse opinion, the court ordered changes to begin within 20 days of its order and recommended that the …
Article • May 15, 2007
Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld by Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld The U.S. Second Circuit Court of Appeals generally upheld a judgment on a jury verdict against New Haven, Connecticut police officers who beat and dragged a handcuffed Army captain …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Article • May 15, 2007
Court May Not Force Attorneys to Represent Indigent Litigants by The U.S. Supreme Court held that an attorney could not be forced by the court to represent indigent prisoners. Petitioner, an attorney, was appointed by a magistrate to represent indigent prisoners in their § 1983 action against prison officials. Newly …
Article • May 15, 2007
$750 Award in Prison Failure to Protect Prisoner Suit by Alfredo Bonilla, a prisoner at the Clinton Correctional Facility (CCF), filed a suit against CCF for failing to prevent an attack on him by two other prisoners. On 2-16-00, while Bonilla was housed at CCF's main institution, a prison guard …
Article • May 15, 2007
BOP Must Obey Judge's Sentencing Order by The Third Circuit of the U.S. Court of Appeals vacated a district court decision on a federal prisoner's petition for writ of habeas corpus where the prisoner argued that the Federal Bureau of Prisons (BOP) had ignored the sentencing judge's order and consequently …
Article • May 15, 2007
CA. Petitioner Entitled to Fees and Cost of Successful Records Claim by California's First District Court of Appeals held a petitioner is a prevailing party in an action seeking release of documents when those documents are released voluntarily to resolve the litigation, and an award of attorney fees and costs …
Article • May 15, 2007
CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change by CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change California's First District Court of Appeals held that a prisoner is entitled to a full due process hearing prior to having his SHU classification changed. The San …
Article • May 15, 2007
PLRA Exhaustion Requirement Applies to Montana Prisoners in Private Prisons by The U.S. Ninth Circuit Court of Appeals affirmed dismissal of five Montana prisoners' suits under 42 U.S.C. §1983 for failure to exhaust administrative remedies, holding that the Prison Litigation Reform Act (PLRA) requirement to exhaust administrative remedies prior to …
Article • May 15, 2007
Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment by Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment A Pennsylvania Federal District Court denied a prisoner's motion for a preliminary injunction to compel treatment for his Hepatitis C infection without requiring him to submit to …
Article • May 15, 2007
Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …
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