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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" …
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 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 …
Article • May 15, 2007
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 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 …
Article • May 15, 2007
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 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) …
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