Prior Evidence of Brutality Admissible in Police Trial by The defendant police officers were prosecuted for brutalizing a civilian. The court properly admitted a prior incident in which one of the officers, while off duty, had abused another person who had confronted him. The evidence was admissible because it went …
Circumstantial Evidence Supports Disciplinary Drug Conviction by The plaintiff was convicted of a disciplinary drug offense based on circumstantial evidence related to the finding of drugs in a trash can in the visiting area. He lost good time, so his claim is cognizable under Sandin, and he proceeded via writ …
Immediate Appeal Allowed of Class Certification Ruling by The appeals court granted defendants' request for discretionary appellate review of class certification under Rule 23(f), Fed.R.Civ.P., for two reasons. The class certification turned a $200,000 dispute into a $200 million dispute, which might induce a substantial settlement even if the claim …
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex …
New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
Jail Chaplains Scrutinized for Affairs with Female Prisoners by Two county jail chaplains in different states are being accused by female prisoners of seeking sex from them while in custody. When she was held in Indiana?s Morgan County Jail, Susan L. Robbins, 38, was involved in the jail?s GED program. …
Chain of Custody Defect Doesn't Void Drug Test by The court of appeals for the Seventh circuit held that an Indiana state prisoner's due process rights were not violated when prison officials failed to maintain an adequate chain of custody for his urine sample that later tested positive for marijuana. …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Transexualism is a Serious Medical Need by The court of appeals for the Seventh circuit held that a district court erred in dismissing, for failure to state a claim, a lawsuit by an Indiana prisoner that he was denied treatment for gender dysphoria (transsexualism). The appeals court held that gender …
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Cost Bills Must Be Opposed in Timely Manner by The court of appeals for the Seventh circuit held that failure to oppose a bill of costs within the FRCP's time limits waive any objections to the costs. The court held, in this Indiana case, that prisoners per se are not …
Jail Conditions Unconstitutional by Indiana Jail Conditions Unconstitutional The court of appeals for the Seventh circuit held that conditions in an Indiana state prison which housed pretrial detainees in protective custody were unconstitutional. As the plaintiffs had not been convicted of a crime, their claims were properly analyzed under the …
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
No Right to Funeral Furlough by The court of appeals for the Seventh circuit held that an Indiana prisoner had no right under state or federal law to attend his stepfather's funeral. Furloughs from prison are discretionary decisions by prison officials. See: Merritt v. Broglin, 891 F.2d 169 (7th Cir. …
Prison Mattress Manufacturer Denied PI by The United States District Court for the Northern District of Indiana has denied a preliminary injunction (PI) to a manufacturer of prison mattresses against a competitor. Derby Industries, Inc. manufactures mattresses for prisons. One of its competitors is Chestnut Ridge Foam, Inc. Chestnut Ridge …
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Seventh Circuit Reverses Summary Judgment in Prisoner's Retaliation Claim by The U.S. Seventh Circuit Court of Appeals has reversed the U.S. District Court for the Northern District of Indiana, in the case of a prisoner alleging retaliation by prison officials. This is the second reversal of the district court in …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
