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Article • May 15, 2007
Filed under: Mail, Legal Mail
Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief by Isolated Incident of Legal Mail Tampering and Access to Deputy Sheriff not Clear Right for Injunctive Relief Florida's Fourth District Court of Appeal has reversed an Okeechobee County Judge's order granting two …
Article • May 15, 2007
Ga. County Not Liable for Sheriff's Policies by Georgia's First Division Court of Appeals has affirmed the dismissal of claims against Dekalb County in the murder of Sheriff-elect Derwin Brown. The matter was before the appellate court after the lower court grated Dekalb County summary judgment. When Brown's widow's interlocutory …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
Article • May 15, 2007
Release of Police Personnel Files Not Due Process Violation by Police officer Andre Dyer's federal civil rights judgment for due process violations against the City of Little Rock was reversed by the Eighth Circuit Court of Appeals. Dyer and another officer, Jerry Hart, alleged that the city had violated their …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate Indifference by Prisoner Suicide Federal Civil Rights Lawsuit Settled for Deliberate Indifference A federal district court in Maine has dismissed claims of deliberate indifference against two Somerset County Deputy Sheriffs in a lawsuit filed by Mary Martin, personal representative of the …
Article • May 15, 2007
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated by Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated The Montana Supreme Court held on appeal from the Workers' Compensation Court that state prisoner Gary Quigg was not entitled to disability benefits while performing …
Article • May 15, 2007
Prisoner Denied Workers' Compensation for Injury In State Community Job by The Missouri Court of Appeals affirmed the denial of state prisoner Weldon Richard's workers' compensation claim for a fall he suffered while trimming trees in a community prison job. Richard filed a claim for benefits with the State Labor …
Article • May 15, 2007
State Appointment and Compensation of Attorneys in Federal Action Upheld by The United States Court of Appeals for the Seventh Circuit held that legal counsel appointed in Illinois state court were legally appointed in state court and compensated by state court order in a federal civil rights action. Joan Schmude, …
Article • May 15, 2007
$10,000 Awarded In New York Prisoner Work Injury Suit by In 2000 the New York Court of Claims awarded $10,000 in damages to a prisoner who cut his finger off while using a band saw at Woodbourne Correctional Facility in New York on February 7, 1996. He worked in the …
Article • May 15, 2007
$4,500 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $4,500 in damages to a prisoner who was assaulted and slashed by another prisoner at the Sullivan Correctional Facility, in New York on March 2, 1996. His assailant, named Salcedo, was a …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
NY Prisoner Awarded $75 for Fall From Bunk by A New York State court held that the New York Department of Correctional Services (DCS) was 100 percent liable for injuries he sustained when he fell from his top bunk. Those injuries were worth just $75, however. DCS prisoner Michael Smith …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Probation
California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations by John E Dannenberg The California Supreme Court held in two companion decisions that when a prisoner enters into a no-prison-time probation deal at sentencing involving a waiver of either pre-sentence or future conduct credits, if …
Article • May 15, 2007
California Sex-Offender Registration Requirement Held "Not Punishment" by John Dannenberg By John E. Dannenberg Overruling its own precedent, the California Supreme Court held that mandatory sex offender registration does not amount to punishment, and that a lifetime registration requirement therefore cannot be deemed unconstitutional "cruel or unusual punishment." Leon Alva …
Private Medical Services Skirmish Over INS Contract by A Delaware Chancery Court denied a motion to dismiss filed by Prison Health Services, Inc. The motion sought to dismiss the complaint of Up and Up Health Services, Inc. Both companies were bidding for a contract to provide managed health care services …
Article • May 15, 2007
Property Destruction and Retaliation Claims Reversed by The First Circuit Court of Appeals held a Rhode Island Prisoner stated claims of retaliation and deprivation of property without due process, but rejected the medical treatment claim. The district court dismissed all claims, for failure to state a claim. The complaint avered …
Article • May 15, 2007
Prisoner Murder Conviction Reversed to Consider Hallucination Defense by California's Fifth District Court of Appeal held evidence of a hallucination may be admitted to negate premeditation and deliberation of first degree murder to second degree murder, but not to mitigate murder to voluntary manslaughter. This case involved a murder at …
Article • May 15, 2007
OK to Feed Hunger striking Illinois Prisoner by The Illinois Fourth District Court of Appeal affirmed a trial Court's injunction allowing prison officials at the Pontiac Correctional Center: to force feed a prisoner on hunger strike, which was began (1) Protesting his transfer to Pontiac, (2) objecting to having his …
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