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Article • May 15, 2007
Vermont Prisoners State Claim for Systemic Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a Vermont District Court's decision dismissing a class action law suit, by Vermont state prisoners' because they failed to state a claim upon which relief could be granted. Prisoners …
Article • May 15, 2007
Filed under: Medical, Pain, ENT, Failure to Treat
$850 Paid in Prisoner's Medical Failure to Treat Claim by Samuel L. Page, Jr., a prisoner at Washington's Airway Heights Correctional Center, suffered from enlarged parotid glands that caused him severe pain and suffering. He filed a 42 U.S.C. §1983 claim alleging Eighth Amendment violations for failure to treat his …
$975,000 Paid in Michigan Guards Wrongful Discharge Suit by In January 1996, Michigan prison guard James E. Legrow saw a paroled prisoner and three guards in a bar, which violated the parolee's conditions of parole and prison rules against fraternization with prison guards. Because the guards were friends of the …
Article • May 15, 2007
$7,500 Paid to Washington DOC Employee for Negligent Investigation, Defamation, and Invasion of Privacy by $7,500 Paid to Washington DOC Employee for Negligent Investigation, Defamation, and Invasion of Privacy While employed as the Correctional Mental Health Program Manager at the Washington State Penitentiary, Daniel C. Assink was accused in an …
Article • May 15, 2007
Filed under: Mail, Legal Mail
Indigent Mental Patients Court Access Rights Upheld by The Court of Appeals for the Ninth Circuit held that indigent mental patients have the same right to access of courts, as do indigent prisoners filing pro se. The basis for this class action civil rights suit was the patients were allowed …
Article • May 15, 2007
Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Matthew T. Clarke The Minnesota Supreme Court (MSC) has held that it is inappropriate to perform a comparative fault analysis in the case of a prisoner …
Article • May 15, 2007
US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion by US Supreme Court Held Laws Targeting Religion Are Unconstitutional; Santeria a Religion The US Supreme Court held that no law can be enacted that denies people their right to religious freedom. The free Exercise Clause protects religious …
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
Article • May 15, 2007
US Supreme Court Held Officials Are Qualifiedly Immune From Suit Unless They Violate Clearly Established Law by US Supreme Court Held Officials Are Qualifiedly Immune From Suit Unless They Violate Clearly Established Law The US Supreme Court held that an official's qualified immunity defense depends upon the objective reasonableness of …
Article • May 15, 2007
Court Reverses Del Raine v. Carlson by The United States Court of Appeals for the Seventh Circuit reversed a ruling that an Illinois Federal Prisoner was entitled to relief in form of expungement of record of his confinement to segregation. The decision was made without published opinion. See: Del Raine …
Article • May 15, 2007
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases by US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases The US Supreme Court held that exclusion of prospective jurors based on their race violates their equal …
Article • May 15, 2007
Excessive Violence States Eighth Amendment Claim by Prisoner filed class action suit alleging an excessive level of prisoner- prisoner and staff-prisoner violence at the Correctional Institute For Men (CIFM) in New York City. The district court found (1) that evidence of persistent overcrowding, failure to classify prisoners,. excessive reliance on …
Article • May 15, 2007
No Fourteenth Amendment Violation Resulting From Losses During Cell Search by The U.S. Supreme Court held that the Fourteenth Amendment does not protect a prisoner's possessions and that prisoners have no reasonable expectation of privacy" in their cells. A Virginia prisoner filed suit in response to a cell search by …
Article • May 15, 2007
Filed under: Standing, Visiting
NJ Court Upholds Ion Scanning of Visitors by The New Jersey court of appeals upheld the use of the Ion Scan drug detection device which is used to search selected prison visitors with no reasonable suspicion they have engaged in any wrongdoing. The ruling is unusual because a pro se …
Article • May 15, 2007
Settlements Are Public Records by The court of appeals for the Seventh circuit held that civil rights settlements are public records and their disclosure to the public is protected by the free speech and free press clauses of the First amendment. The limited exceptions for secrecy in court records are …
Article • May 15, 2007
Limits on Prison Labor Union Constitutionally Valid by The U.S Supreme Court ruled that prison regulations limiting the activities of a prison labor union did not violate the prisoners' First and Fourteenth Amendment rights. Prisoner labor union members in the North Carolina Department of Correction filed a § 1983 action …
Article • May 15, 2007
$200,000 Paid for Georgia Prisoner's Improper Detainment by Michael A. Vallone was arrested on three misdemeanor charges and detained at Georgia's Douglas County Jail for 7.5 months. He alleged he was not allowed access to an attorney or bail bondsman, and was virtually lost within the jail system. He was …
$40,000 Paid in Washington Guards' Defamation Suit by Michael and Heidi Malpass, husband and wife, worked at the Washington Corrections Center as guards in 1997. Using hearsay information provided by WCC staff members, Lt. Waller compiled a list of eleven names of persons claimed to be involved in or associated …
Article • May 15, 2007
$200,000 Verdict for Florida Prisoner in Failure to Treat Epilepsy by The plaintiff in this case was arrested and housed in Florida's Broward County Jail. Upon his arrest, he had a history of epilepsy and brought his medication with him to the jail. A doctor employed by defendant Prison Health …
$259,000 Paid in Michigan Guard's Discrimination Claim by Michigan prison guard Kenneth McIntyre, who had been employed for 7 years, had lifting restrictions due to congenital spinal bifida. An MRI disclosed he developed bulging discs and had his lifting restrictions changed from 50 to 20 pounds. The State said he …
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