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Article • May 15, 2007
Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression by Correctional Institution's Security Concerns Can Override Rights To Free Speech, Political Expression Indiana State prisoner Eric Smith appealed the 2005 dismissal of his complaint for constitutional violation of right to free speech by Department of Corrections (DOC) …
Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Article • May 15, 2007
Guard Firing for Advising Coworker to Get Counsel Upheld by The plaintiff correction officer was fired after he accompanied another officer to a meeting with Internal Affairs and advised him to get an attorney before talking to them. He was charged with tampering with a witness and also with failure …
Article • May 15, 2007
Individual Defense Win Precludes Municipal Liability by A defendant's verdict as to individuals in a bifurcated trial forecloses any further action against the municipality under Los Angeles v. Heller (no discussion of possible exceptions to this rule). At 7: "There is, however, nothing to prevent a plaintiff from foregoing the …
Informant Statement Enough for Disciplinary Conviction by The plaintiff lost 13 days' good time in a disciplinary hearing. The identity of a confidential informant and the specifics of the informant's statement need not have been disclosed. Non-disclosure is acceptable when there is a valid reason for keeping the information confidential …
Article • May 15, 2007
Jail Rape Claim Fails for Lack of Notice to Jailers by The plaintiff was raped by other prisoners. He had previously told officers that he was "having problems in the block," and his mother said she told an unidentified jail employee shortly before the assault that her son had been …
Tight Handcuffs, Exposure to Heat in Police Car Actionable by At 944-45: The right to be free from "excessively forceful handcuffing" is a clearly established right for qualified immunity purposes, . . . and applying handcuffs so tightly that the detainee's hands become numb and turn blue certainly raises concerns …
Article • May 15, 2007
Plaintiff's Failure to Protect Claim Dismissed by The plaintiff was assaulted by another prisoner. The fact that the assailant had a violent record did not mean that releasing him to general population was deliberate indifference; he was a life prisoner, meaning prison officials had reason to believe he had an …
Article • May 15, 2007
Contractor Suit against Union Chills Speech by A non-union contractor brought suit against several unions for actions they took against it; the suit was later dismissed. The N.L.R.B. charged and found that the suit was an unfair labor practice. The right to petition under the First Amendment includes the right …
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 …
Preliminary Injunction Issued, Class Certified in NY Jail Strip Searches by This opinion follows the hearing planned in the previous opinion. The evidence showed that the defendants had nominally changed their policy from one of strip searching everyone brought to the jail to strip searching only those who met one …
Article • May 15, 2007
Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs by Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs This case takes on the more bizarre aspects of the Farmer v. Brennan deliberate indifference standard in a more direct way than anything I have previously seen. …
Article • May 15, 2007
Transfer of Hawaii Prisoners to CCA Prison in Oklahoma Upheld by The petitioners convicted in Hawai'i, were transferred to a private prison in Oklahoma, which was then bought by Oklahoma for operation as a state-owned prison. Their due process claim is foreclosed by Olim v. Wakinekona; notwithstanding various factual distinctions …
Article • May 15, 2007
Fourth Circuit Demands Particularized Right Under Qualified Immunity by In qualified immunity analysis, "[a] preliminary task is to define the constitutional right at issue 'at a high level of particularity.'" (279, citation omitted) The court cites one of its 1999 cases for this point and does not discuss whether this …
Article • May 15, 2007
Georgia DNA Testing Statute Upheld by The court upholds a statute requiring DNA sampling of all convicted felons. It does not violate the Fourth Amendment. The bodily intrusion is minimal, and the state's compelling interest in obtaining reliable and accurate identifying characteristics of persons convicted of felonies outweighs it. The …
Pro Se Suit against CMS and Aramark Dismissed by The plaintiff's release from prison moots his request for declaratory and injunctive relief. The plaintiff's claim for "emotional and psychological deterioration" resulting from bad prison conditions is barred by the PLRA mental/emotional injury provision. Some circuits have held that punitive damages …
Article • May 15, 2007
D.C. Venue Improper in BOP Fine Punishment Suit by The plaintiff allegedly was kept for three years beyond his sentence expiration because he refused to sign an installment schedule agreement for his unpaid fines. The wardens of prisons in Virginia and West Virginia were not subject to personal jurisdiction in …
Article • May 15, 2007
Idaho Shaving Rule Infraction Against Prisoner with Brain Problem Vacated by The plaintiff, who suffers from a neurological disorder causing jerking and shaking, declined to shave because doing so with a razor blade endangered his safety (he had already cut himself trying to do so), and they wouldn't let him …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
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