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Article • May 15, 2007
Filed under: Police, Property
NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process by NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process The Second Circuit Court of Appeals held a prisoner stated a due process claim for the refusal of police officials to return his …
Article • May 15, 2007
Montana: No Liberty Interest in Assignment to Particular Prison by The Montana Supreme Court held in this case that a prisoner in the Montana Department of Corrections (MDOC) had no federal or state constitutional liberty interest that required him to be housed in a particular prison. Paul Wright [not the …
Article • May 15, 2007
Nevada: Prisoners Eligible for Out-Of-State Jail Time by The Nevada Supreme Court held that a state prisoner was "entitled to credit for time served in presentence confinement in another jurisdiction when that confinement was solely pursuant to the charges for which he was ultimately convicted." Joshua I. Nieto was arrested …
Retaliatory Transfer for Seeking Creation of Law Library Unconstitutional by The Court of Appeals for the Seventh Circuit reversed an Indiana district court's order dismissing a prisoner's § 1983 action alleging alternative theories of retaliation to justify his transfer. The appellate court found that all of the theories might be …
Article • May 15, 2007
Massachusetts: Confinement In Disciplinary Unit Constitutional by The Supreme Judicial Court of Massachusetts held that conditions of confinement in a disciplinary housing unit did not violate prisoners' Constitutional or statutory rights. Plaintiffs, prisoners housed in or previously housed in the department disciplinary unit (DDU) of the Massachusetts Correctional Institution at …
Raped Georgia Prisoner Awarded $300,000 Against Jailer, City by In this civil rights lawsuit, a Georgia-prisoner who was allegedly raped in her cell by a city jailer was awarded $300,000 plus attorneys fees and court costs. Plaintiff, Mary Isdell, claimed that while she was imprisoned in the Forest Park Jail, …
Article • May 15, 2007
Michigan Prisoner Civil Suit for Sexual Abuse by In an unpublished ruling, the U.S. Court of Appeals for the Sixth Circuit held that a Michigan district court erred in dismissing a prisoner's civil rights suit for sexual assault by two guards and an emergency room doctor. The prisoner had chest …
NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the …
PA Legal Assistance Suit Remanded by The Court of Appeals for the Third Circuit held that the lower court had erred when it dismissed, on summary judgment, a Pennsylvania state prisoner's claims that he was not allowed to assist other prisoners with legal claims, had been denied use of the …
Article • May 15, 2007
Prison Stabbing Violates Eight Amendment by The Sixth Circuit has held that a prisoner's Eighth Amendment rights were violated when he was stabbed to death while prison guards watched and did not render assistance. Prisoner Jerry Fails was working as a janitor at the Tennessee State Penitentiary when he was …
Article • May 15, 2007
Prisoner's Claim of Censorship of Non-Obscene Materials Remanded by The U.S. Tenth Circuit Court of Appeals, reversing the U.S. District Court in Kansas, held that dismissal of a Kansas prisoner's claim against Kansas Department of Corrections (DOC) officials accused of censoring "obscene" materials was properly dismissed but that the prisoner's …
Prisons Required to Provide Law Libraries or Other Legal Aid by The U.S. Supreme Court ruled that prisons must provide prisoners with either adequate law libraries or adequate legal assistance. Prisoners in the North Carolina Department of Correction filed three separate 1983 actions in which they alleged constitutional violations of …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
Summary Judgment Against Prisoner Affirmed in Mail and Money Claim by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Wisconsin, held that summary judgment against a former jail prisoner was appropriate in a claim involving the jail's handling of the prisoner's …
Article • May 15, 2007
WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles by WA S.Ct. Holds Prisoner Witnesses Should Not Appear in Court in Prison Clothes or Shackles The Washington state Supreme Court held that prisoner witnesses should not appear before a jury in prison clothing, given …
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley …
Article • May 15, 2007
D.C. Female Arrestees File Tort Claims Over Illegal Strip Searches by The U.S. District Court, District of Columbia, denied in part and granted in part a motion to dismiss a lawsuit filed by female arrestees against the United States Marshals Service (defendants), for allegedly conducting illegal strip searches on them. …
Article • May 15, 2007
Filed under: Organizing, Voting
Disenfranchisement of Felons Constitutional; Claim Frivolous by The U.S. Tenth Circuit Court of Appeals held that disenfranchisement of Wyoming's convicted felons does not violate the Constitution, that the dismissal provisions of the Prison Litigation Reform Act (PLRA) do not violate due process, and that prisoners can be assessed a "strike" …
Article • May 15, 2007
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
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