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Article • May 15, 2007
California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional by California Prison Mail Regulations/Restrictions on Attorney Investigators Unconstitutional The Supreme Court held that prison regulations forbidding correspondence containing "defamatory matters," "inflammatory political, racial, religious or other views," or that "unduly complain" or "magnify grievances," or were "otherwise inappropriate" were unconstitutional infringements …
Article • May 15, 2007
Wrong Zip Code Tolls Filing of Appeal by The court of appeals for the Federal circuit held, in this non-prison case, that a veteran mailing a notice of appeal that had the wrong zip code, but was otherwise properly addressed, to the Board of Veterans' Appeals, was improperly dismissed as …
Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit by Supreme Court Holds Guard Liable For Punitive Damages In § 1983 Suit The U.S. Supreme Court held that punitive damages are available in § 1983 actions. A prisoner in a Missouri juvenile prison filed a 42 U.S.C. …
$500,000 Verdict in Pennsylvania Legal Malpractice Claim by The plaintiff in this case was charged with rape and indecent assault against a woman who was present at an orgy. Plaintiff said the matter was a consensual encounter. Plaintiff was held in Pennsylvania's Holmesburg Prison in lieu of 10% of a …
Article • May 15, 2007
Filed under: Work, Prison Labor, Sabbaths
$750 Paid in Washington Prisoner's Religious Discrimination Suit by In March and April 1999, Kenneth J. Busby, a prisoner at Washington's Airway Heights Correctional Center, worked at the Food Factory at AHCC. Bushy is a faithful practicing Muslim, which requires attendance at a weekly Friday prayer/worship service called Ju'mah. At …
Article • May 15, 2007
Seizure of Nevada Prisoner Wages Held Constitutional by Nevada prisoners filed suit under 42 U.S.C. § 1983 alleging that a prison policy of deducting room and board expenses from wages earned in a work program violated their constitutionally protected rights of due process and equal protection. The district court for …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
US Supreme Court Held Plaintiffs Have A Right To Amend Complaints by The US Supreme Court held that it is entirely contrary to the spirit of the Federal Rules of Civil Procedure (FRCP) for decisions on the merits of a case to be avoided on the basis of technicalities. The …
Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred by Eighth Amendment Action States Claim, Warden's Qualified Immunity Defense Barred The U.S. District Court, C.D. California, held that a prisoner's Eighth Amendment action under §1983 stated a claim and that the warden was not entitled to qualified immunity; however, …
Article • May 15, 2007
$170.69 Settlement In WA Gift Book Censorship Suit by In 1998 Ricardo Garcia a prisoner at the Airway Heights Correctional Center (AHCC) in Washington, received a mail rejection notice from the AHCC mailroom for two books he had ordered from a vendor. Garcia had sent out a $1.00 money order …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
$5,703.97 Settlement In WA Mail Censorship Suit by In 1991 Gerald Enquist, a prisoner at the Clallam Bay Correctional Center (CBCC), filed a law suit against the state for violating his First Amendment rights. Enquist was mailing letters from CBCC addressed J.D. Enquist, he was told that he could no …
Confinement Held Unjustified by The Supreme Court of Massachusetts held that a prisoner at the Massachusetts Correctional Institute (M.C.I.) at Walpole was confined in the Departmental Segregation Unit (D.S.U.) without being afforded the procedural safeguards required by the regulations of the department and the federal and state constitutions. The prisoner …
Article • May 15, 2007
Filed under: Civil Procedure, Witnesses
US Supreme Court Holds That Witness Immunity Applies to All Witnesses. by The US Supreme Court held that all witnesses, governmental or private, that are an integral part of a judicial process in criminal or civil cases, have absolute immunity from subsequent damage liabilities and from suit. The Supreme Court …
Article • May 15, 2007
Disputed Facts Warrant Summary Judgment Reversal in Amputated Finger Case by The U.S. Seventh Circuit Court of Appeals has reversed Wisconsin District Court's grant of summary judgment to a deputy sheriff in a case involving amputation of a prisoner's finger. Robert Sallie, a Wisconsin prisoner, was confined in the Dane …
Article • May 15, 2007
Due Process Requires Contact Visits for Female Detainees by The New York Court of Appeals held that contact visits of reasonable duration is required by the due process clause of the State Constitution. Three female detainees filed a class action against the Monroe County Jail for prohibiting pretrial detainees contact …
Eighth Circuit Again Reverses District Court; Remands for Jury Trial by The Eighth Circuit Court of Appeals has, for the second time, reversed the Arkansas Eastern District Court's dismissal of an Arkansas state prisoner's claim that Arkansas Department of Corrections (DOC) guards maliciously and sadistically used excessive force to remove …
Article • May 15, 2007
Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit by Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit The US Court Of Appeals for the Eighth Circuit held that a US District Court did not err in excluding jail standards and …
Article • May 15, 2007
Seizure Of Federal Benefits By State Unconstitutional by The U.S. Supreme Court ruled that no part of a prisoner's Social Security benefits or Veterans Administration benefits could be confiscated by the state as reimbursement for incarceration costs. After the Arkansas legislature passed the State Prison Inmate Care and Custody Reimbursement …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
Article • May 15, 2007
Summary Judgment Denied in Court Access Retaliation Claim by A federal district court in Pennsylvania held that disputed issues of fact required a trial in a Pennsylvania state prisoner's lawsuit that prison officials had retaliated against him for having filed lawsuits by confiscating his legal papers, which caused him to …
Article • May 15, 2007
US Court Of Appeals Upheld Federal Statute On Contraband by The US Court Of Appeals for the Ninth Circuit held that a District Court did not err in convicting the visitor of a prisoner at the Terminal Island Federal Correctional Institution in California, for attempting to introduce contraband into the …
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