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Article • May 15, 2007
Educational Administrator Appointment Ordered in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., held that the Michigan Department of Corrections failed to comply with court order requiring the appointment of an educational administrator to bring female prisoners' education programs to parity with male counterparts. The court ordered (1) …
Article • May 15, 2007
Education Administrator Appointment Vacated and Remanded by Education Administrator Appointment Vacated And Remanded The Sixth Circuit Court of Appeals vacated the order of the E.D. Michigan, S.D., District Court appointing an educational administrator for the female prisoners who sought to have educational parity with the male prisoners. The court held …
Article • May 15, 2007
Court Orders Appointment of Education Administrator in Michigan Discrimination Case by The District Court, E.D. Michigan, S.D., appointed an education administrator after the Michigan Department of Corrections failed to hire one on their own. The court ordered the defendants to pay the administrator $1,000/40-hour week to implement educational programs for …
Article • May 15, 2007
Government Officials Entitled to Qualified Immunity by The U.S. Supreme Court held that government officials are entitled to a defense of qualified or good-faith" immunity. A. Ernest Fitzgerald filed a civil damages suit in the District of Columbia Federal District Court arguing that he was unlawfully discharged from employment with …
Article • May 15, 2007
Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner by Florida Reporter Criminally Charged for Receiving Written Communication from Prisoner Florida's First District Court of Appeals held that a state statute that prohibits a news media reporter from receiving a written communication during a prison visit interview of a …
Article • May 15, 2007
FOIA Fee Waiver Provision Discussed by The D.C. Circuit Court of Appeals held that a non-profit organization demonstrated with reasonable specificity that disclosure of information it requested under the Freedom of Information Act (FOIA) was in the public interest and that it was eligible for a fee waiver. Two non-profit …
Article • May 15, 2007
Guards Not Liable For Deadly Force to Quell Riot by An Oregon federal district court held that prison officials are not liable for action they took to quell a disturbance that resulted in injury to the plaintiff, who was a non-participant in the disturbance. This action, filed by a prisoner …
Article • May 15, 2007
Heck Rule Fails to Prevent Parolee From Filing Under § 1983 by Heck Rule Fails to Prevent Parolee From Filing Under § 1983 The Northern District Court of Illinois determined that the Heck rule does not prevent a state parolee from proceeding with a civil action under 42 U.S.C. § …
Article • May 15, 2007
Highest Texas Court Rules Actual Innocence Trumps Guilty Plea by The Texas Court of Criminal Appeals (TCCA) has held that newly discovered, unquestionable evidence of a prisoner's actual innocence may be raised on state habeas corpus even though the prisoner pleaded guilty. Wesley Ronald Tuley, a Texas state prisoner, filed …
Article • May 15, 2007
Filed under: Family, Family Law
Idaho: Imprisonment Warrants Suspension of Child Support Payments by The Court of Appeals of Idaho held that a prisoner's motion to modify child support should have been heard even though he was in contempt, and that he was not responsible for payments while he was imprisoned. Randy Nab, an Idaho …
Article • May 15, 2007
Idaho: Prison Regulation Provided Fair Notice of Prohibited Behavior by The Court of Appeals of Idaho held that a prison regulation prohibiting a prisoner from being in an unauthorized area gave fair notice that the prisoner's conduct was prohibited. Idaho state prisoner Gregory Nelson was charged with violating a prison …
Article • May 15, 2007
Injunction Issued Against Proposed New Mexico DOC Staffing Reductions by The U.S. District Court for the District of New Mexico held that state prisoners were entitled to an injunction barring a proposed reduction of medical, mental health and security staff as the scope of the proposed reductions may have compromised …
INS Detainee Entitled to Wolff Protections in Disciplinary Action by The Fifth Circuit Court of Appeals held a detainee of the Immigration and Naturalization Service (INS) is entitled to the same due process rights of a prisoner in a disciplinary action. The detainee arrived in the United States as a …
Article • May 15, 2007
Intentional Destruction of Evidence Requires Sanction by The New York Supreme Court, Appellate Division, reversed a Court of Claims' denial of a motion for sanctions where prison officials destroyed video tapes showing that a prisoner was beaten. The Attica Correctional Facility prisoner sought damages for injuries caused by guards beating …
Article • May 15, 2007
Jail Officials Not Deliberately Indifferent in Prisoner's Beating by Affirming summary judgment for county jail officials by the U.S. District Court for the District of Massachusetts, the U.S. First Circuit Court of Appeals held that jail officials were not deliberately indifferent to a prisoner's health and safety, even though the …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
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" …
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