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WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
Texas Prison Guards Who Murdered a Convict Sent to Federal Prison by On March 13, 2002, two former Texas prison guards admitted in plea agreements that they beat a prisoner to death. Their pleas were accepted by U.S. District Judge Howell Cobb who sentenced them to federal prison. Joel Lambright …
Silence can Constitute "Waiver" of Witness at Disciplinary Hearings by Silence can Constitute "Waiver" of Witness at Disciplinary Hearings The Second Circuit Court of Appeals held a prisoner's failure to request a witness testify at disciplinary hearing after the hearing officer asked if the hearing should go in any other …
Article • May 15, 2007
Filed under: Attorneys, Public Defenders
Public Defender not Actor Under Color of State Law for Withdrawing from Appeal by The U.S. Supreme Court held a public defender cannot be held liable under 42 U.S.C §1983 for moving to withdraw from a criminal defendant's appeal on the grounds the defendant's appeal and claims are frivolous. An …
Article • May 15, 2007
Filed under: Civil Procedure, Damages, Costs
Costs Improperly Denied to Prevailing Prisoner by In an unpublished opinion, the court of appeals for the Sixth circuit held that a district court had improperly denied Costs to a pro se prisoner who won his case, at a jury trial. William Walker, a Michigan state prisoner, filed suit alleging …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Article • May 15, 2007
Political-Party Discrimination Rampant in Puerto Rico; Damage Award Upheld by In 2000, Mirla Rodriguez-Marin (Marin) and Ana Escobar-Pabon (Pabon) were high-ranking officers in Puerto Rico's Administration of Corrections (AOC). Both were members of the New Progressive Party (NPP). That year's incumbent Governor was a member of the Popular Democratic Party …
Article • May 15, 2007
SD Conviction for Spitting on Prison Guard Affirmed by Brian Schouten, a state prisoner, spat on a guard at the South Dakota State Penitentiary. He was convicted of a class 6 felony under SDCL 22-18-26 for the spitting incident, without being allowed to present evidence of his diminished capacity. On …
Article • May 15, 2007
WA State Owes No Duty to Ensure That Foster Kids Don't Harm the General Public by Aba Sheikh sustained injuries when he was beaten by four teenagers in a Seattle parking lot in March of 1999. The teenagers were in state-imposed foster care at the time. Sheikh obtained a judgment …
Article • May 15, 2007
L.A. County Probation Department Employee Awarded $95,000 for Discriminatory Forced Retirement by by John E. Dannenberg A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation Department, in failing health, was constructively forced to retire by a job transfer that he alleged was intended to harass him because …
Massachusetts Prisoners' Chemical Toilet Claim Proceed to Trial for Damages by A Massachusetts federal district court has granted in part and denied in part prison officials' motion for summary judgment in a class action by prisoners formerly incarcerated at the Southeast Correctional Center (SCC). PLN previously reported proceedings in this …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Doctor's Termination of Prisoner's Suicide Watch Upheld by On March 2, 1995, Billy Montgomery was on suicide watch in a Michigan prison. He was interviewed by Norris McCrary, a prison psychologist, who, without reviewing his file, found that Montgomery no longer needed to be on suicide watch. McCrary had …
Iowa Supreme Court Holds Prison Sex Offender Screening Process Constitutional by On October 22, 2004 the Iowa Supreme Court ruled on a prisoner's claim that a prison rule concerning sexually violent prisoners enacted after his imprisonment effectively removed him from consideration for early parole. The court held that although the …
Article • May 15, 2007
Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew Clarke Rooker-Feldman Doctrine Bars Federal Review of Michigan Indigent Filing Fees Statute As Applied by Matthew T. Clarke On August 31, 2004 the Sixth Circuit Court of Appeals held that an indigent Michigan state prisoner …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
Article • May 15, 2007
New York Appeals Court Upholds Prisoner's Disciplinary for 9-11 Comment by On June 17, 2004, a New York court of appeals upheld disciplinary action taken against a state prisoner for a comment he allegedly made while watching TV coverage of the 9-11 attacks. Particio Linares, a New York state prisoner, …
Article • May 15, 2007
Eighth Circuit Upholds Judgment Against CMS For Delayed Dental Care by In an unpublished opinion filed on August 7, 2001, the U.S. Eighth Circuit Court of Appeals upheld a judgment against Correctional Medical Services (CMS) for failing to provide adequate dental care to a Missouri prisoner. While imprisoned in the …
Article • May 15, 2007
Colorado: City Pays $240,000 to Victims of Serial Rapist by On January 30, 2006, the city of Aurora, Colorado, announced it would pay $240,000 to four women raped by a man they claimed should have been arrested months earlier. In November 2004, Brent J. Brents admitted to molesting an 8 …
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