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Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Article • May 15, 2007
Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations by Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations The United States Supreme Court has held that enlisted military personnel may not maintain a Bivens suit to recover damages from a superior officer for alleged constitutional violations. The …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Discretionary Exception Bars Federal Tort Claim For Cellmate Attack by A federal prisoner filed a Federal Tort Claims Act complaint alleging the Government was negligent in failing to prevent his cellmate from attacking him. The U.S. Court of Appeals for the Seventh Circuit affirmed an Illinois district court's judgment under …
Article • May 15, 2007
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
Article • May 15, 2007
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Article • May 15, 2007
Georgia Jury Awards $15,000 for Illegal Strip Search by Marilyn Snyder was pulled over in Georgia's Habersham County for suspected driving while under the influence. After she failed a roadside breath test, she was taken to the county jail where she was strip- searched. Thereafter, Snyder was given an Intoxilizer …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Article • May 15, 2007
Filed under: Media
Libel-Proof Doctrine Applied to Kansas Prisoner's Libel Suit by A Kansas Federal District Court applied the "libel proof" doctrine to dismiss a Kansas prisoner's suit for libel against a newspaper reporter. The prisoner's suit sought damages for misstatement of facts pertaining to his convictions for murder and two counts of …
Article • May 15, 2007
Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause by Retroactive Application of Florida Sentencing Guidelines Violates Ex Post Facto Clause The United States Supreme Court held that the use of Florida's revised sentencing guidelines retroactively when those guidelines change the legal consequences of acts committed before their …
Prisoners Have Right to Send Letters to News Media by The First Circuit Court of Appeals has held that a prisoner has a right to send letters to the news media. This action was filed by two prisoners at the Massachusetts Correctional Institution at Walpole, challenging the prison's total ban …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Fine Only Sentence Not Custody for Habeas Purposes by The Third Circuit Court of Appeals refused to grant a Certificate of Appealability (COA) to a habeas petitioner who was not in custody. The petitioner sought habeas relief from his state sentence of 364 days imprisonment and 4 years probation. The …
Article • May 15, 2007
Sixth Circuit Explains Attorney Fee Awards in Brutality Cases by The court of appeals for the Sixth circuit held that a district court erred when it added a multiplier to the base attorney fee award, reduced it and then added another multiplier. The underlying case involves Ohio prisoner activist, jailhouse …
Article • May 15, 2007
Consent to Named Magistrate Does Not Apply to All Magistrates by The court of appeals for the Seventh circuit held that a party consenting to proceedings before a specific, named magistrate did not constitute consent to later proceedings before a different magistrate under 28 U.S.C. § 636(c). As a result, …
Article • May 15, 2007
US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment by US Supreme Court Holds that Obscenity Is Not Protected by the First Amendment The US Supreme Court has held that obscene materials are not protected by the First Amendment. The Court defined "obscene material" and applied …
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
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 …
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