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Article • May 15, 2007
Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …
Article • May 15, 2007
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
Article • May 15, 2007
N.Y. Detainee Rights Upheld Under Due Process by The Supreme Court of New York held that any restraints imposed upon pre-trial detainees in excess of assuring their attendance at trial constituted deprivation of due process, which included limitations on telephone use, receiving and sending letters, non-contact visiting periods, the receipt …
Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings by Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings The Second Circuit Court of Appeals held that prisoners have the right to a hearing …
Article • May 15, 2007
Religious Name Changes Required To Follow State Procedure by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner could be required to follow state name-change procedures in order to have the name change recognized by prison authorities; declaratory relief not included in the judgment itself was …
Article • May 15, 2007
Removal of Property to Separate Legal and Non-Legal Materials Approved by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Iowa, held that removal of a prisoner's property to separate legal from non-legal materials and to then search the non-legal materials outside …
Article • May 15, 2007
Separate Religious Accommodations for N.Y. Shi'a Muslim Prisoner Order by The New York Supreme Court, Dutchess County, ordered the New York Department of Correctional Services (NYDOCS) to provided separate religious accommodations for Shi'a Muslim prisoners. A prisoner at Fishkill Correctional Facility challenged NYDOCS's policy of considering Shi'a Muslim and Sunni …
Article • May 15, 2007
Settlements Are Public Records in California by California's Fourth District Court of Appeals affirmed a trial court's order requiring Orange County to release documents related to the settlement of a lawsuit brought by a pre-trial detainee at the county's jail. The detainee, a convicted child molester, claimed the county negligently …
SJ for Guard in Prisoner's Rape Suit Improper by The U.S. Court of Appeals for the Ninth Circuit held that summary judgment in favor of four prison officials was proper but summary judgment in favor of a guard was not. Plaintiff, a Washington state prisoner who was in protective custody, …
Article • May 15, 2007
Filed under: Classification
"Some Evidence" Standard Applied to Consider CA Prisoners Classification. by "Some Evidence" Standard Applied to Consider CA Prisoners Classification. California's Fourth District Court of Appeals held prison officials only need to show "some evidence" exists to justify a prisoner's internal classification. The San Quentin prisoner was convicted of robbery, burglary, …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
Article • May 15, 2007
Texas Prisoner Denied Habeas Corpus Relief on Probation Violation by The U.S. Fifth Circuit Court of Appeals denied habeas corpus relief, 28 U.S.C. §2254, to a Texas prisoner who claimed that his plea was not knowingly, intelligently and voluntarily made, because he was not told that to successfully complete probation …
Article • May 15, 2007
636(b)(1)(B) Authorizes Nonconsensual Referral To Magistrate by The U.S. Supreme Court held that 28 U.S.C.A. § 636(b)(1)(B) authorized nonconsensual referrals to a magistrate both in cases involving challenges to ongoing conditions of confinement and cases where a specific instance of constitutional violations by prison officials is alleged. Petitioner John McCarthy, …
$500 Paid in Refusal to Call Witness in WA DOC Hearing. by Jose Echeverria filed a 42 U.S.C §1983 action in the Eastern District of Washington federal court against officials at the Washington State Penitentiary alleging due process violations. Echeverria was infracted for allegedly participating in a fight between two …
Article • May 15, 2007
Insane Prisoner Cannot Be Executed by The United States Supreme Court held the Eighth Amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane, and that Florida Statute § 922.07 was inadequate to assure adequate facts are developed to make a determination of a …
Article • May 15, 2007
Iowa Jail Blanket Strip Search Policy Unconstitutional by An Iowa federal district court held that strip searches of temporary pre- arraignment detainees charged with minor offenses not normally associated with weapons or contraband are permissible under the Fourth Amendment only if there is a basis for reasonable suspicion that the …
Article • May 15, 2007
Iowa Prisoner Entitled to Due Process in Seizure of Money by The Supreme Court of Iowa held that money in a prisoner's trust account is protected property and funds for restitution cannot be deducted without a due process hearing. A procedural amendment to the IDOC's restitution collection policy allowed for …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Article • May 15, 2007
Kansas: Habeas Corpus Proper Avenue for Prisoner Mistreatment Allegations by The Supreme Court of Kansas held that habeas corpus was the proper avenue for prisoners seeking relief from mistreatment. State prisoners who had been subjected to solitary confinement petitioned separately for writs of habeas corpus alleging, among other things, denial …
Article • May 15, 2007
Filed under: Liberty Interests, Visiting
KY Prisoners Have Liberty Interest in Visitation by The U.S. Court of Appeals for the Sixth Circuit held that prisoners in the Kentucky State Reformatory had a liberty interest in visitation. Two state prisoners who had their visitation privileges with certain individuals suspended without a hearing brought suit against prison …
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