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MA DOC Violated Prisoner's Right to Freedom of Expression by The Superior Court of Massachusetts held that a prisoner's due process rights and rights to freedom of expression and to petition the government were violated. A prisoner wrote a letter to the Secretary of Public Safety asking her to intervene …
Article • May 15, 2007
Mandamus Appropriate in MO Ad Seg Case by The Supreme Court of Missouri ruled that an administrative segregation prisoner's habeas corpus petition was inappropriate because prison conditions of cruel and unusual punishment were not alleged. The state prisoner was seeking release from protective custody and into the general population. The …
Article • May 15, 2007
Michigan: Relevant Documents Must Be Provided in Disciplinary Action by The Court of Appeals of Michigan held that a state prisoner's due process rights were violated when he was refused access to documents relevant to his disciplinary case. Joseph Tocco received a major disciplinary case for allegedly participating in a …
Article • May 15, 2007
Denial of Mail and Phone Privileges Unreasonable Disciplinary Measures by The U.S. District Court of Maine held that denial of detainee's access to mail and telephone privileges were unreasonable disciplinary measures. Jeffery Simpson, a pre-trial detainee, while at the Penobscot County jail, violated jail rules. He was placed in disciplinary …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
Article • May 15, 2007
Filed under: Classification
Due Process Required in BOP "Special Offenders" Classification by The Eighth Circuit Court of Appeals, in a case involving two federal prisoners in Minnesota, found due process is required for "special offender" (later changed to "central monitoring case") classification. Upon entering the prison, the two prisoner-petitioners were classified as "special …
Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Article • May 15, 2007
Failure to Administer Medication as Prescribed not Actionable by The Seventh Circuit Court of Appeals held that a guard's failure to administer medication exactly as prescribed, without additional exacerbating hardships, does not violate the Eighth or Fourteenth Amendments. This 42 U.S.C §1983 action was brought by a pretrial detainee at …
Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
Article • May 15, 2007
Illinois Court Without Authority to Withhold Prisoner's Income by The Illinois Fourth District Court of Appeals reversed a trial court's order requiring the Department of Corrections (DOC) to withhold 50% of a defendant's monthly income and remit it to the clerk to satisfy restitution and court costs. The State conceded …
Article • May 15, 2007
Imprisoned Idaho Prison Guard Settles Jail Suit in Exchange For Surgery by In 2000, Ed Stevens, a former Idaho State Penitentiary guard, was incarcerated in the Ada County jail on child abuse charges. While incarcerated he was attacked by another prisoner and punched in the face. He suffered a torn …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Article • May 15, 2007
Colorado COA: Claim Concerning Restitution Deductions Should Name DOC by The Colorado Court of Appeals held that an action brought by a prisoner challenging deductions from his prisoner bank account for victim restitution should have been brought against the Colorado Department of Corrections (DOC). In December 1993, Anthony J. Carrillo …
Article • May 15, 2007
Colorado: Limiting Prisoner to One Grievance Per Month Constitutional by The Colorado Court of Appeals held that a state prisoner's right to due process was not violated by his confinement in administrative segregation, nor was he subjected to cruel and unusual punishment. Plaintiff Clovis Green brought an action against prison …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Article • May 15, 2007
Consent Decree Entered Regarding Minnesota Prison Medical Care by On May 27, 1997, a consent decree enumerating the medical rights of prisoners in the Minnesota State Prison was entered in the District Court for the District of Minnesota. Plaintiffs, Minnesota state prisoners, brought an action under the Civil Rights Act …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Article • May 15, 2007
Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine by Delaware Life Sentence = 45 years; Ruling May Affect 200 Prisoners; Court Reverses Self After Prosecutors Whine The Delaware Supreme Court, sitting En Banc, held that its decision in Crosby v. State, …
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