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Article • May 15, 2007
BOP Regulation Barring Prisoner Reporters Constitutional; Ruling Later Vacated by A California federal district court held that a federal prison regulation that prohibits a prisoner from acting as a newspaper reporter does not violate the First Amendment, and the newspaper is not affected by the regulation. This action was filed …
D.C. Prisoner Death Suit Verdict of $1,030,002 Excessive by The District of Columbia Court of Appeals affirmed a district court's order holding a jury's award excessive. The jury entered verdicts against the District of Columbia, for negligence with an award of $1 under the Wrongful Death Suit Act (WDSA) claim, …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
Texas: State Court Erred In Dismissing Prisoner's Federal Claims by The Texas Supreme Court held that it was error for a state district court to dismiss for lack of jurisdiction a prisoner's federal claim against prison guards. Dan Thomas, a Texas state prisoner, was allegedly injured during transfer to another …
Article • May 15, 2007
San Mateo, California Jail Strip Search Plaintiffs Win Class Certification by The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for class certification of her civil rights action against San Mateo County, California for the class of strip searched pre-arraignment jail detainees between February 3, 2002 and December 2, …
Article • May 15, 2007
Limits on Prisoner Legal Mail and Photocopy Expenses Affirmed by Colorado Department of Corrections prisoner Benito Negron filed a state court lawsuit against prison officials alleging that administrative regulations violated his right to court access and freedom of speech by limiting legal photocopies and postage, amounting to cruel and unusual …
Article • May 15, 2007
$6,722 Paid in Improper Lien for WA Attorney Costs by Washington Prisoners Thomas W.S Richey, David E. Jirvoec, and Donald D. Hemphill had their prisoner accounts frozen for assessment of liens for attorney costs related to litigation they had engaged in. However, the cost awards were never made by a …
Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Article • May 15, 2007
Fifth Circuit Upholds Refusal to Modify Ruiz Consent Decree by The court of appeals for the Fifth Circuit upheld a district Court ruling denying Texas prison officials' motion to modify prison conditions consent decree. Citing an unexpected, sharp rise in prisoner admissions, to the Texas prison system the defendants in …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
Article • May 15, 2007
Civil Defendants Must Pay for Plaintiff's Deposition Copy by A West Virginia federal district court ordered the Defendants, in a civil case brought by a prisoner/plaintiff proceeding in forma pauperis, to pay the court reporter's bill for the plaintiff's copy of a deposition initiated by the Defendant's. The Court stated …
Article • May 15, 2007
Class Representative Must Have Same Interest as Class by An Illinois federal district court has held that a prisoners' class action may proceed with a new representative when the original representative's claims no longer possesses the same interest and suffered the same injury of the class. After discovery, the class …
Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Article • May 15, 2007
US Supreme Court Defines Standard For Consent Decree Modification by The US Supreme Court held that the Swift "grievous wrong" standard does not apply to requests to modify consent decrees that come from institutional reform litigation. The flexible standard adopted by the Supreme Court in this case states that a …
Article • May 15, 2007
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
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