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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 …
Failure to Protect Federal Informant's Wife Not Actionable by A Massachusetts's federal district Court held the U.S Government cannot be held liable for a decision of whether to protect or how to protect an individual. This action was brought by the wife of a federal informant who was serving the …
Article • May 15, 2007
Escape Begins When Prisoner Departs Custody by The court of appeals for the Ninth circuit held that for U.S. Sentencing Guidelines purposes, an "escape" begins when a federal prisoner departs lawful custody with the intent to evade detection. The case involves a BOP prisoner who walked away from a prison …
Article • May 15, 2007
New York Prisoner Receives 25 to Life for Throwing Urine/Feces on Guard by The Appellate Division of New York's Supreme Court has affirmed a prisoner's conviction and sentence of 25 years to life for throwing a cup of human waste on a guard. While housed in the special housing unit …
Violence as a Condition of Confinement Violates Eighth Amendment by Prisoner filed class action suit based on the level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City. The district court found that violence level at CIFM exceeded levels at other, comparable, institutes; …
Article • May 15, 2007
Female Only Guard Posts Approved by The Ninth Circuit Court of Appeals held a policy at Hawaii's Women's Community Correctional Center that designates six posts as available as only assignable to women guards is a reasonable response to concerns about prisoner privacy and allegations of abuse by male guards. The …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
$500 Award in Prisoner Medical Neglect Claim by Allen Moore, a prisoner at the Sin Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, alleging that they failed to provide him with proper medical care for a back and hip injury. In 1992, Moore, injured his back …
Jail Liable for Distress Caused by Hostage Training by The defendants created a training exercise intended to prepare jailers for a hostage situation, and did entirely too good a job of it, according to the plaintiff jailers. They enlisted two probationary jailers to play inmates. They were allowed into the …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Article • May 15, 2007
Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …
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