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Article • May 15, 2007
Washington State Prison Nurse's Wrongful Termination Claim Survives Summary Judgment by Washington State Prison Nurse's Wrongful Termination Claim Survives Summary Judgment Licensed Practical Nurse Jayne Morse filed a state court civil rights action against Washington State prison personnel alleging retaliatory discharge in violation of the First Amendment and wrongful termination …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
Article • May 15, 2007
Supreme Court: Right Of Access Applies To California Preliminary Hearings by The U.S. Supreme Court held in this case that the qualified First Amendment right of public access to criminal proceedings applies to preliminary hearings conducted in California. On December 23, 1981, Robert Diaz, a nurse, was charged in a …
Article • May 15, 2007
Filed under: Visiting
Supreme Court Holds No Liberty Interest In Visitation by The U.S. Supreme Court held that Kentucky prison regulations governing visitation procedures did not create a liberty interest subject to protection under the due process clause of the Fourteenth Amendment. Two state prisoners had their visitation privileges with certain individuals suspended …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Virginia Court Defines Strip Search by A Virginia appeals court held that a search of an arrestee that was incident to an arrest for auto theft did not constitute a strip search. The arresting officer testified that while pat searching the arrestee he heard the crinkle of plastic in the …
Article • May 15, 2007
Nurse Denied, Sheriff Granted, Qualified Immunity on Prisoner's Stroke by The U.S. Sixth Circuit Court of Appeals, partly reversing the U.S. District Court for the Eastern District of Tennessee, held that a jail nurse was not entitled to qualified immunity but that the sheriff and jailer were so entitled, in …
Article • May 15, 2007
Ohio Court Of Appeals Awards Injured Prisoner $100,000 by On June 4, 1988, the Ohio Court of Appeals, Tenth Appellate District, awarded a state prisoner $100,000 for severe burns to his leg, reversing a Court of Claims judgment awarding the prisoner $20,000. While working to unplug a drain at the …
Article • May 15, 2007
Filed under: Court Access
Florida Prisoner's Have Right to Bring Civil Actions by The Florida Second District Court of Appeal reversed a trial court's order that held a prisoner endures "civil death" upon conviction, loses his right to sue under § 944.292 (1983), Florida statutes, and abated the prisoner's civil tort suit. The court …
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the …
Article • May 15, 2007
Filed under: Family, Family Law
NJ Prisoner's Child Support Suspension Motion Inactive Until Release by The Superior Court of New Jersey reversed a trial court's order refusing to suspend a prisoner obligor's weekly $110 child support until his release and requiring arrears to accumulate. The Superior Court held any action on the obligor's motion should …
Notice of Rules Required Before Infraction by The court of appeals for the Fifth circuit held that two federal prisoners in Texas were denied due process when they were disciplined for violating a non existent prison rule. The court also required that the lowers court determine if the defendants had …
Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
Polygraph for Accused Required After Informant Passed by The New Jersey Superior Court appellate division ordered that a prisoner accused of escape in a disciplinary hearing must be afforded a polygraph test after a confidential informant (CI) passed such a test. The finding of guilt was based solely upon the …
Article • May 15, 2007
Prisoner Made Goods Must be Labeled for Interstate Transport by The United States Supreme Court held that transportation of prisoner made goods without proper labeling violated the Ashurst Sumners Act (ASA), 49 U.S.C.A. §§ 61-64, and the U.S. Constitution Act 1, § 8. The Kentucky Whip and Collar Co. (petitioner) …
Article • May 15, 2007
Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both by Prisoners Entitled to Legal Research Access or Legal Assistance Program, But Not Both The Fourth Circuit Court of Appeals held the State of North Carolina was under no constitutional duty to offer prisoners both adequate legal …
$75,000 Paid in Washington DOC Employee's Sexual Harassment Suit by Lorna Sutliff, an employee of Benton County, WA Department of Corrections filed suit in state court alleging she was sexually harassed by J. Jeremiah Coughlin during the course of her employment from 1984 to March 26, 1991. In February 1992 …
$175,000 Paid in WA Guard's Second Sexual Harassment and Retaliation Suit by Madge Wheelock, a Sergeant at Monroe Command for the Washington Department of Corrections, was subjected to continued sexual harassment and retaliation, which occurred after she received a judgment under Snohomish County Case No. 85-2-04790-5 in the amount of …
Article • May 15, 2007
$440,000 Paid in Pennsylvania Detainee's Suicide by A Pennsylvania federal district court held that guards at the Philadelphia Detention Center can be liable for their acts and omissions in a pretrial detainee's hanging death. While at the Detention Center, Patrick Gaudreau exhibited behavior that resulted in him being involuntarily committed …
Article • May 15, 2007
FL Prisoner Entitled to Evidence Production and to Be Present at Disciplinary Hearing by Florida's First District Court of Appeal held that the failure to produce an object that was allegedly a weapon when the prisoner's defense was that the object was not a weapon, entitled the prisoner mandamus relief. …
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