Skip navigation
Prison Legal News

Search

More search options »
71891 results
Page 2180 of 3595. « Previous | 1 2 3 4 ... 2176 2177 2178 2179 2180 2181 2182 2183 2184 ... 3591 3592 3593 3594 3595 | Next »

Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous
Article • May 15, 2007
Filed under: Conditions of Confinement, Food, Administrative Exhaustion (PLRA), Frivolous Litigation (PLRA)
Oklahoma Prisoner's Eighth Amendment Diet Claims Frivolous by The U.S. Tenth Circuit Court of Appeals held that an Oklahoma Department of Corrections (OKDOC) prisoner's claims regarding his diet were frivolous. Terry D. Thompson, an OKDOC prisoner serving a 2,000 year sentence at the Oklahoma State Penitentiary (OSP), sued OSP officials …
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering
Article • May 15, 2007
Filed under: Retaliation for Litigating, Prisoner Legal Assistance, Media, Prisoner Media
Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering by Pennsylvania Prisoner's Disciplinary Actions Held Not Retaliation for Jailhouse Lawyering Affirming the U.S. District Court for the Eastern District of Pennsylvania on other grounds, the U.S. Third Circuit Court of Appeals held that the disciplinary actions to which a …
Prisoner Entitled To Discovery In Opposing SJ
Article • May 15, 2007
Filed under: Civil Procedure, Summary Judgment, Discovery
Prisoner Entitled To Discovery In Opposing SJ by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner was entitled to discovery to oppose defendants' motion for summary judgment. Plaintiff, a Texas prisoner, brought a §1983 action against prison officials and prison mailroom personnel alleging they violated …
Test For Chemical Agents Use On Prisoners Discussed
Article • May 15, 2007
Filed under: Pepper Spray/Tear Gas, Jury Instructions, Immunity/Liability, Qualified Immunity
Test For Chemical Agents Use On Prisoners Discussed by The Fourth Circuit Court of Appeals held that jury instructions given in a case challenging the use of chemical agents were proper in light of the plaintiffs' failure to object, and that the use of chemical agents on recalcitrant prisoners is …
Texas Parole Revocation Must be Challenged Via Habeas
Article • May 15, 2007
Filed under: Class Certification, Sentencing, Parole, Habeas Corpus
Texas Parole Revocation Must be Challenged Via Habeas by The Fifth Circuit Court of Appeals affirmed a district court's order dismissing a Texas prisoner's 42 U.S.C. § 1983 action alleging claims against the Texas Board of Pardons and Parole, its director, and the Governor for illegal detention of the prisoner. …
Total Ban on Mail Violates First and Fourteenth Amendments
Article • May 15, 2007
Filed under: Gang Policies, Mail, Publications/Books, Mail Regulations, Due Process, Religious Property
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Trial In Jail Clothes Unconstitutional Only if Objection Raised
Article • May 15, 2007
Filed under: Clothing, Court Access, Court Appearances
Trial In Jail Clothes Unconstitutional Only if Objection Raised by The U.S. Supreme Court held that although states are prohibited by the Fourteenth Amendment from compelling an accused person to stand trial before a jury attired in clearly identifiable jail issue clothes, an objection to the attire must be raised …
Untimely Grievance Not Exhaustion of Administrative Remedies
Article • May 15, 2007
Filed under: PLRA, Administrative Exhaustion (PLRA)
Untimely Grievance Not Exhaustion of Administrative Remedies by The Eleventh Circuit Court of Appeals held a prisoner cannot claim exhaustion of administrative remedies by filing an untimely grievance and claiming further exhaustion would be futile. This 42 U.S.C. Section 1983 action was filed by a Georgia prisoner claiming Eighth and …
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule
Article • May 15, 2007
Filed under: Transportation, Civil Procedure, Disclosure of Records, Discovery, Accidents
U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule by U.S. Supreme Court Affirms Constitutionality of "Evidentiary Privilege" Rule The United States Supreme Court upheld the constitutionality of a federal statute prohibiting disclosure of certain highway safety documents as evidence in state or federal tort cases. The principal enunciated by …
U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim
Article • May 15, 2007
Filed under: Excessive Force, Guard Brutality/Beatings, Political Prisoners (International)
U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim by U.S. Supreme Court Backward-Looking Court Access Suit Must State Underlying Claim On June 20, 2002, the U.S. Supreme Court reversed the U.S. Court of Appeals, District of Columbia's decision in a backward-looking court access case brought by a …
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard
Article • May 15, 2007
Filed under: Excessive Force, Shootings, Police--Excessive Force
Use of Deadly Force Subject To Fourth Amendment Reasonableness Standard by The U.S. Supreme Court held that the use of deadly force in apprehending a fleeing suspect was a seizure under the Fourth Amendment and that a Tennessee law allowing police officers to use deadly force against a fleeing suspect …
Use of Force While Prisoner Restrained Defeats Summary Judgment
Article • May 15, 2007
Filed under: Excessive Force, Guard Brutality/Beatings, Restraints
Use of Force While Prisoner Restrained Defeats Summary Judgment by A Kansas Federal District Court held a guard's initial use of force to restrain a prisoner was permissible under the circumstances of the case, but found a genuine issue of material fact existed as to the reasonableness of force used …
WA Racial Segregation Suit Settled for $500 and Transfer
Article • May 15, 2007
Filed under: Discrimination, Racial Discrimination
WA Racial Segregation Suit Settled for $500 and Transfer by A 42 U.S.C §1983 suit filed in the federal Eastern District Washington court by twelve prisoners at the Washington State Prison alleged prison officials were racially biased in making cell assignments. All of the cells were segregated by race; i.e., …
Sending State Must Provide Transferred Prisoner Legal Assistance
Article • May 15, 2007
Filed under: Classification, Out of State Transfers, Prisoner Legal Assistance, Law Library Access/Adequacy
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Shackling Prisoner Witnesses at Trial Discussed
Article • May 15, 2007
Filed under: Excessive Force, Restraints, Court Appearances, Witnesses
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Shocks the Conscience" Standard Incorrect for First Amendment Claims
Article • May 15, 2007
Filed under: Retaliation for Filing Grievances, Retaliatory Discipline, Immunity/Liability, Qualified Immunity
Shocks the Conscience" Standard Incorrect for First Amendment Claims by Shocks the Conscience" Standard Incorrect for First Amendment Claims Affirming its prior holding in Bell v Johnson, 308 F.3d 594 (6th Cir. 2002), the U.S. Sixth Circuit Court of Appeals held that a district court in Michigan incorrectly granted summary …
Statutes Permitting Repossession Without Hearing Violated Due Process
Article • May 15, 2007
Filed under: Money/Property, Seizure of Prisoner Funds, Forfeiture
Statutes Permitting Repossession Without Hearing Violated Due Process by The U.S. Supreme Court held that Pennsylvania and Florida prejudgment replevin statutes, which allowed private parties to repossess goods without first giving the possessors an opportunity to be heard, violated the Fourteenth Amendment. Appellants, most of whom had purchased household goods …
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part
Article • May 15, 2007
Filed under: Sexual Assault, Staff-Prisoner Assault, Retaliation for Filing Grievances, Failure to Protect (General), Service, Qualified Immunity
Summary Judgment Against Sexually Assaulted Prisoner Denied in Part by The U.S. District Court for the Southern District of Ohio granted in part and denied in part Ohio officials' motion for summary judgment against a prisoner who was sexually assaulted by a guard. While a prisoner at the Ohio Reformatory …
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim
Article • May 15, 2007
Filed under: Police Misconduct, Discrimination, Racial Discrimination, Conspiracy, False Arrest
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim by Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim The U.S. Supreme Court reversed and remanded a district court's dismissal of a federal civil rights action, holding that it was improper because defendant's materials did not sufficiently negate plaintiff's allegations. …
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim
Article • May 15, 2007
Filed under: Religious Freedom, Religious Practices, Religious Property
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim by Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim The U.S. Fourth Circuit Court of Appeals affirmed in part and vacated and remanded in part summary judgment to prison officials in a free exercise …
Page 2180 of 3595. « Previous | 1 2 3 4 ... 2176 2177 2178 2179 2180 2181 2182 2183 2184 ... 3591 3592 3593 3594 3595 | Next »