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Article • May 15, 2007
Prisoner Entitled to Lay Advocate in Disciplinary Transfer by The Seventh Circuit court of appeals held that certain minimal due process, requirements are attached to disciplinary transfers of prisoners from the Indiana State Prison. The court held that a prisoner who was the subject of a disciplinary transfer hearing was …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Retaliatory Harassment and Transfer of Law Clerk Nets $2,100 Award by A federal district court in Tennessee, after a bench trial, held that the Warden at Tennessee State Prison (TSP) violated a prisoner's right to access to the courts for taking retaliatory action against the prisoner. After the prisoner helped …
Article • May 15, 2007
Filed under: Classification, Transfers
Security Threat Must be Shown to Transfer NY Prisoner Elected as Representative by The New York Supreme Court has held that under section 139 of the Correction Law a prisoner elected to be a prisoner representative on the Inmate Grievance Resolution Committee (IGRC) had a right to not being transferred …
Article • May 15, 2007
Filed under: Classification, Transfers
State Prisoner Transfer To Federal Prison Constitutional by The U.S. Supreme Court held that the transfer of a Vermont prisoner to a federal prison for security reasons was constitutional. Vermont, having no maximum security prison, opted to transfer a prisoner convicted of violent crimes to a federal prison under 18 …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (jail), had his jaw broken by a prisoner in his cell during a fight. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants …
$2,220,000 Settlement To Missouri Prisoners Formerly Housed In Texas by Over seven hundred Missouri state prisoners, who were formerly housed as part of a bed-sharing program in Texas prison facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement …
Article • May 15, 2007
Oklahoma Prisoner's Federal Civil Rights Complaint For Alleged Rapes Denied by Oklahoma state prisoner Pamela Smith filed a Federal civil rights complaint against former Oklahoma Department of Public Safety ("ODPS") employee Don Cochran, claiming violations of her Fourth, Fifth, Eighth, and Fourteenth Amendment rights for repeatedly being raped by Cochran …
Seventh Circuit Reverses Dismissal of Race/Exposure Claims by In an unpublished order, the Seventh Circuit Court of Appeals reversed the dismissal of an Illinois prisoner's racial discrimination and pepper spray exposure claims. Illinois prisoner Johnnie Flournoy brought suit in federal court asserting several unrelated constitutional violations. The district court dismissed …
Fed BOP Can Declare State Prison a Place of Fed Incarceration by Hassan Abdul-Malik was in New York state custody in 1993 when he was transferred to federal custody, convicted of postal robbery, and sentenced to thirty years in federal prison. He was then returned to state custody where he …
WI Transfer to CCA Prison Upheld by The plaintiff challenged his transfer to an out-of-state prison. At 974: ". . . [A] prisoner has no liberty interest in avoiding transfer to another prison, be it out-of-state, more restrictive, or owned and run by a private corporation." The transfer does not …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
$1,500,000 Verdict in Half-Way Houses' Failure to Warn by After he was released from a Florida prison, Elmer Leon Carroll went to live at The Lighthouse Mission of Orlando. Carroll had a history of rape and had been in prison for nine of the 15 years prior to committing the …
Article • May 15, 2007
No Right to International Transfer to UK Prison by The plaintiff, a British citizen, sought to make the state convert his sentence from an indeterminate one to a determinate one so Britain would accept him under the Convention on the Transfer of Sentenced Persons. The federal court lacks mandamus jurisdiction …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
ADA Group Home Suit Not Moot by The plaintiffs' claim against a fire department of disability discrimination against a group home was not mooted by its changed interpretation of the fire code, since the interpretation might change back. At 574: "The defendant's burden is a heavy one to ensure the …
Article • May 15, 2007
New BOP Work Release Policy Upheld by The Bureau of Prisons' interpretation of its general statutory authority as not including placement in community correctional centers (CCCs), and of the CCC statute as authorizing placement only for the last 10% of a prisoner's sentence, were permissible, and this new interpretation did …
BOP Prisoner Granted PI for Release Placement by The plaintiff was informed that contrary to past practice, he could not be considered for pre-release designation to a community correction center for more than 10% of his prison term or six months. He is granted a preliminary injunction. The Department of …
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