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Article • May 15, 2007
Filed under: Searches, Cell Searches
Prisoner Has No Reasonable Expectation Of Privacy In Cell by The U.S. Ninth Circuit Court of Appeals held that the search of a prisoner's cell and dissemination of his mail did not violate the Fourth Amendment, but remanded to the district court his First Amendment claims. While a California state …
Article • May 15, 2007
Jail's Access To Courts Program, Visitation Policies Unconstitutional by The U.S. Fifth Circuit Court of Appeals held, among other things, that the access to courts program and certain visitation policies of a Texas county jail were unconstitutional. In 1976, prisoners housed in McLennan County's "old jail" (built in the 1950's) …
Article • May 15, 2007
Washington Supreme Court Requires Proof of Recent Overt Act in Sexually Violent Predator Case by Washington Supreme Court Requires Proof of Recent Overt Act in Sexually Violent Predator Case The Washington Supreme Court held that when a prisoner has been released into the community after completing a sentence for a …
Article • May 15, 2007
Holding Prisoner Beyond Release Date Violates Due Process by A Louisiana Federal District Court has denied qualified immunity to officials of the Louisiana Department of Corrections (DOC), whose actions in calculating a prisoner's release date kept the prisoner past the date he should have been released. All parties were denied …
Second Circuit Partly Reinstates Prisoner's §1983 Claims by Second Circuit Partly Reinstates Prisoner's §1983 Claims The Second Circuit Court of Appeals has reinstated parts of a New York prisoner's 42 U.S.C. §1983 claims against various staff in New York's Department of Correctional Services (DOCS). In so doing, the court reaffirmed …
Jail Employees Privacy Protection Suit Denied by by John E. Dannenberg King County, WA jail employees sued Arthur Wallenstein, Director of King County's jails, Jail Commander Michael Graber, the City of Seattle and King County for releasing the employees' names in a report describing their participation in restraining an unruly …
Florida: Prisoner Raped In County Jail Awarded $65,950 by In this case published by the Florida Jury Verdict Reporter in April 1990, the plaintiff, a prisoner who was raped by another prisoner, was awarded $65,950. On November 23, 1987, while imprisoned in the medium-security section of the Pinellas County (Florida) …
Article • May 15, 2007
Florida: County Prisoner Slipped On Wet Floor, Awarded $6,000 by On August 18, 1994, a former prisoner in Florida's Escambia County Jail was awarded $6,000 for injuries she sustained when she slipped and fell on the wet floor in a holding area. Plaintiff, Sandra James, a prisoner in the jail's …
Ohio: Wrongfully Convicted Man Awarded $641,858 Against Attorney by On August 22, 2002, an Ohio jury awarded a man who spent four years in prison $641,858 against the attorney who represented him in his criminal trial. Plaintiff Michael Javorina had been charged with, among other things, attempted murder and felonious …
Article • May 15, 2007
New York: Nassau County Settles With Assaulted Prisoner For $98,500 by On February 27, 2001, Nassau County, New York, settled with a former prisoner who had been assaulted by another prisoner for $98,500. While imprisoned in the Nassau County Correctional Facility on a 90-day sentence for DUI, plaintiff Darrin Rydberg …
Article • May 15, 2007
New York: State Liable For Damages In Prisoner's Fall by On June 6, 2003, the Court of Claims, Rochester, held that the State of New York was liable for injuries a prisoner sustained when he slipped and fell in water that leaked onto his cell floor from the shower. Gary …
Article • May 15, 2007
New York: State Liable In Prisoner Assault, Prisoner Awarded $250 by On July 2, 2003, the Court of Claims, Rochester, held that the State of New York was liable in a prisoner assault and awarded the prisoner $250. Anatolis Fominas, a prisoner at the Wende Correctional Facility in Alden, New …
Article • May 15, 2007
New York State Prisoner Awarded $1,000 For Work Related Knife Injury by On June 26, 2002, a state court of claims awarded New York state prisoner Jose Santiago $1,000 for a knife injury he sustained while working in the prison butcher shop. The injury required two stitches. While working in …
Article • May 15, 2007
California: Parents Of Man Who Died In Custody Awarded $2,000,000 by On June 17, 2002 the divorced parents of a man who died while being restrained by Los Angeles County sheriff's deputies were awarded a gross verdict of $2,000,000, reduced. by 35% based on the jury's finding of decedent's comparative …
California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair Competition by California-Based Prison Supplier Awarded $2,250,000 For Fraud, Unfair Competition On April 30, 2002, a federal jury in San Jose, California, awarded Ferguson Safety Products (FSP)--a small Santa Cruz based manufacturer of jail and prison supplies--$2,250,000 against Defendant Bob Barker Company …
Texas: Sexually Assaulted Boot Camp Prisoners Awarded $2,800,000 Against CSC by On December 12, 2001 three former female prisoners who claimed they were sexually assaulted while imprisoned in a privately operated boot camp in Mansfield, Texas were awarded a total of $2,800,000 against the camp's operator. Plaintiffs, Keri Echols Chattha, …
Article • May 15, 2007
California Lifer Parole Rescission Upheld On One of Five Grounds Alleged by The California Court of Appeal held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a life prisoner's unexecuted grant of parole was properly determined by the Board, and thus …
Article • May 15, 2007
Eighth Circuit rules that BOP has discretion to place prisoners in IFRP by The Eight Circuit Court of Appeals has held that the Bureau of Prisons (BOP) has the discretion to place prisoners in the Inmate Financial Responsibility Program (IFRP) when the sentencing court orders immediate payment of court-imposed fines. …
Article • May 15, 2007
No Deliberate Indifference to Medical, Denial of Access to Courts by The U.S. Court of Appeals for the Ninth Circuit held that the delay of a prisoner's medical treatment did not constitute deliberate indifference, nor did his limited access to legal research material constitute denial of access to the courts. …
No Preliminary Inunction for Firing of Prisoner Law Clerks by The First Circuit Court of Appeals affirmed a Massachusetts federal district court's order denying prisoners at MCI-Cedar Junction a preliminary injunction seeking to reinstate them to their law clerk positions at the prison. The prisoners argued they were terminated in …
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