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Article • May 15, 2007
Filed under: Crime/Demographics, Census
Pennsylvania Prisoners Counted as Residents of States in Which Prison Is Located by Pennsylvania Prisoners Counted as Residents of States in Which Prison is Located The U.S. Court of Appeals for the Third Circuit held that the U.S. District Court for the Western District of Pennsylvania did not err when …
Fired Guard Eligible for Unemployment Benefits by A Louisiana appeals court upheld unemployment benefits for a fired Corrections Corporation of America (CCA) guard. While working at the Winn Correctional Center in Louisiana, the guard witnessed another guard speaking offensively to a black prisoner. The observing guard wrote a letter addressing …
Jail to Prison Transfer Orders Subject to PLRA Provisions by The Fifth Circuit court of appeals has held that injunctions which order the state to transfer prison-ready prisoners from a county jail to the state prison system and to refuse to accept parole violators at the jail to avoid overcrowding …
Attorney Awarded $1.50 in Fees in Nominal Damages Case by The First Circuit court of appeals has reduced an attorney fees award from $3,892.50 to $1.50; the fees were awarded to an attorney who helped a pretrial detainee win an award of nominal damages in an excessive force case. The …
Sixth Circuit Remands Hadix For Termination on Hearing by The Sixth Circuit has reversed the district court's order "terminating" the Hadix consent decree because the order did not comply with the requirements of the PLRA on termination orders, 18 U.S.C. § 3026(b). This case involves a class action civil rights …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Article • May 15, 2007
Tenth Circuit Holds COA Required on All State Habeas Appeals by The Tenth District Court of Appeals has denied a certificate of appealability (COA) to, and dismissed the appeal of the habeas corpus petition of a Wyoming state prisoner housed in a private Colorado prison. In so ruling, the appeals …
Prison Transfer Claims Must Be Raised Under § 1983 by Prison Transfer Claims Must be Raised Under § 1983 In a sharply-worded opinion, the Seventh Circuit Court of Appeals denied in forma pauperis (IFP) status and certificates of appealability (COAs) to habeas corpus petitions dismissed by federal district courts as …
Article • May 15, 2007
Refusal to Treat Tooth Cavity States §1983 Claim by Refusal to Treat Tooth Cavity States §1983 Claim The Second Circuit Court of Appeals has reversed and remanded a federal district court's grant of summary judgment on grounds of qualified immunity to prison officials who refused to treat a prisoner's tooth …
Article • May 15, 2007
Texas Granted Only Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system unconstitutional. The stayed portions included: (1) requiring single celling of prisoners; (2) …
Article • May 15, 2007
Texas Granted Second Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system (TDC) unconstitutional. This was the second stay request by Texas. The Fifth …
Article • May 15, 2007
Fifth Circuit Holds Conditions in Texas Prisons Unconstitutional by Fifth Circuit Holds Conditions In Texas Prisons Unconstitutional In a class-action suit joined by the U.S., a Texas federal district court found conditions of confinement in the Texas prison system (TDC) to be unconstitutional and ordered sweeping reforms and the appointment …
Portion of Ruiz Appeal Vacated by The court of appeals for the Fifth Circuit vacated a portion of its opinion in the Ruiz case on motion for rehearing filed by the prisoners. After the case was briefed and argued, but before the court of appeals issued an opinion, the parties …
Article • May 15, 2007
Modification to Ruiz Stipulation Not Abuse of Discretion by Relief was entered in a class-action suit against the Texas prison system (TDC). Following the Fifth Circuit's stay of the provision of the Ruiz stipulated decree prohibiting even properly supervised prisoners from possessing keys, the district court entered a Stipulated Modification …
Article • May 15, 2007
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs by The U.S. Court of Appeals for the eighth Circuit, held that the US District Court for the Northern District of Iowa, did not error when denied a prisoners suit, for failure to dispose of his …
Article • May 15, 2007
Filed under: Visiting
New York Incarceration Alone Not Grounds to Deny Visits with Children by The Supreme Court, Appellate Division, Fourth Department, New York, held that the Erie County Family Court, erred when it denied a prisoners petition for visitation with his children, based solely on the prisoners record of incarceration. The appellate …
Article • May 15, 2007
New York Prisoner Has No Right to Sue Over being Placed in Protective Confinement by New York Prisoner Has No Right to Sue Over Being Placed in Protective Confinement The United States Court of Appeals for the Second Circuit, affirmed the U.S. District Court for the Western District of New …
Article • May 15, 2007
Filed under: Sentencing, Good Time
Illinois Prisoner Not Entitled to Two Types of Good Time Together by The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois did not err when it dismissed a prisoner's complaint that was filed for denial of good time …
Article • May 15, 2007
Filed under: Crime/Demographics, Census
District of Columbia Challenges Census Bureau Enumerating Prisoners as Residents of Virginia by The U.S. District Court for the District of Columbia, held that the District of Columbia did not have standing to sue the U.S. Department of Commerce for the Census Bureau's having enumerated D.C. prisoners at the Lorton …
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