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Article • May 15, 2007
Prisoner's Suit Over Unsanitary Meals States Claims by The U.S. District Court for the Northern District of Illinois held that a prisoner's claims under 42 U.S.C. §1983 and state law were sufficient to withstand a motion to dismiss. Nartin Drake, a prisoner at the Cook County Jail, brought actions under …
Article • May 15, 2007
Sentence of Internet Usage Ban Requires Notice and Limitations. by The Seventh Circuit Court of Appeals held a special provision of supervised release that prohibits "access to any internet services without prior approval of the probation officer" requires notice prior to the hearing and limitations on the ban. This is …
Article • May 15, 2007
Sheriff's Mass Purchase of Newspapers to Suppress News Unconstitutional. by The Fourth Circuit Court of Appeals held that the mass purchase, on election day, of the St. Mary's Today Newspaper by sheriff's deputies in St. Mary's County, Maryland, to prevent the dissemination of articles they anticipated would be critical of …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
Article • May 15, 2007
"Some Evidence" Exists Iowa Prisoner Engaged in Assault Rather than Fighting by The Eighth Circuit Court of Appeals held there was some evidence" to find a prisoner at the Iowa State Penitentiary guilty of assault rather than fighting. A guard observed two prisoners horse playing in the exercise pen, and …
Article • May 15, 2007
$1,960 Awarded in Washington Public Records Suit by A Washington Superior Court, Thurston County, awarded Airway Heights Correctional Center (AHCC) prisoner Michael Allen Holmberg $1,960 in costs and penalties for the failure of the Washington Department of Corrections (WDOC) to provide public documents he had requested. On July 19, 1999 …
Article • May 15, 2007
Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed by Limit On Free Filings Upheld, Dismissal For Frivolousness, Nonprosecution Reversed The U.S. Ninth Circuit Court of Appeals upheld a district court's order limiting a prisoner to six in forma pauperis filings per year, but reversed and remanded several of …
Article • May 15, 2007
Filed under: Court Access, Legal Mail
Prison May Not Open Identifiable Legal Mail Outside Prisoner's Presence by The U.S. District Court for the Central District of California held that a prison's practice of opening legal mail that was not labeled in a specific manner, but otherwise readily identifiable as legal mail was unconstitutional. Policy at the …
Article • May 15, 2007
Limits On Medical Malpractice Damages Violates Texas Constitution by The Texas Supreme Court held that statutory limits placed on medical malpractice damages violated the Texas Constitution. Infant Christopher Lucas had a penicillin product injected directly into an artery; a blockage formed causing the blood-starvation of nerve cells. Christopher was permanently …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
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 …
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