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Article • May 15, 2007
Jail Has Duty to Provide Legal Material by The court of appeals for the Fifth circuit held that a district court erred in dismissing a Mississippi prisoner's claim that the Jackson county jail lacked adequate legal material. Due to overcrowding in the state prison system, plaintiff and other state prisoners …
Right to Impartial Disciplinary Hearing Officers by A federal district court in Nevada held that prisoners have a well established right to impartial disciplinary hearing officers. Biased or partial hearing officers for disciplinary and administrative segregation hearings violate due process. The defendants were not entitled to qualified immunity because this …
Dothan, AL Jail Conditions Unconstitutional by A federal district court held that conditions in the Houston county jail in Dothan, Alabama were unconstitutional. The court held the jail provided inadequate food, no exercise for the prisoners, was a fire hazard and overcrowded. The court awarded $10,000 in attorney fees to …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Informant Statements Require Reliability Finding in Record by The court of appeals for the Seventh circuit affirmed a district court ruling in favor of Wisconsin prison officials over the use of confidential informants. A Wisconsin prisoner filed suit under 42 U.S.C. § 1983 challenging the use of statements by a …
Article • May 15, 2007
Random Tear Gassing Claim Not Estopped; Rule Banning Discovery by Pro Se Litigants Voided by The court of appeals for the Eighth circuit reversed and remanded the grant of summary judgment in favor of Arkansas prison officials. The appeals court held that the prisoner plaintiffs' § 1983 action against officials …
Article • May 15, 2007
Retaliation for Prisoner's Inability to Work Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court improperly granted summary judgment to Arkansas prison officials. The appeals court held that the plaintiff's claim that he was retaliated against for filing the instant lawsuit was …
Article • May 15, 2007
Prisoners Have Property Interest in their Money by Prisoners Have Property Interest in Their Money The court of appeals for the Eighth circuit affirmed a district court order directing Nebraska prison officials to return $463.00 found in a prisoner's cell and directing it be placed in the Inmate Welfare Fund …
Paraplegic States Claim over Ad-Seg Conditions by Paraplegic States Claim Over Ad-Seg Conditions The court of appeals for the Fifth circuit affirmed in part, reversed and remanded in part, numerous claims made by a paraplegic Texas state prisoner in administrative segregation. Prior panel rulings in this case are reported at …
Article • May 15, 2007
Rectal Probe Searches Require Reasonable Suspicion by The court of appeals for the Tenth circuit held that a district court erred when it dismissed as frivolous a Kansas prisoner's lawsuit that he was subjected to a digital rectal probe. The appeals court reversed, holding that prison officials must have reasonable, …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
Article • May 15, 2007
Too Low Attorney Fee Award in Jail Beating Vacated by Too Low Attorney Fee Award in Jail Beating vacated The court of appeals for the Fifth circuit affirmed in part, reversed in part and remanded a jury verdict and attorney fee award entered by a district court in Texas. The …
Article • May 15, 2007
Elimination of Boxing Program for Racial Bias States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed a Nebraska prisoner's lawsuit claiming that a prison boxing program was eliminated by prison officials out of racial animus because most of the …
Article • May 15, 2007
Ban on Gay Publications Upheld by The court of appeals for the Sixth circuit upheld a Kentucky prison policy that banned gay publications. This ruling conflicts with decisions by other circuits that have struck down bans on gay publications. See: Espinoza v. Wilson, 814 F.2d 1093 (6th Cir. 1987).
Article • May 15, 2007
Abuse by Female Guard States Claim by A federal district court held that a Michigan prisoner had stated a claim by alleging a female guard had physically abused him. Not a ruling on the merits. See: Gilson v. Cox, 711 F. Supp. 354 (ED MI 1989).
Article • May 15, 2007
Suspension of Social Security Benefits for Prisoners Upheld by The court of appeals for the Fourth circuit held that 42 U.S.C. § 402(x), which suspends payment of social security benefits to incarcerated felons is constitutional. Social security benefits are non-contractual benefits subject to congressional discretion. Note that the statute only …
Trial Required for Fatal Head Injury by The court of appeals for the Ninth circuit held that a trial was required to determine if Imperial, California jail officials were deliberately indifferent to the serious medical needs of a pretrial detainee who fell and fractured his skull then later died. The …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
PI Granted to Allow Visits by PI Granted to Allow visits A federal district court entered a Preliminary Injunction (PI) for a Missouri prisoner and his wife to suspend a disciplinary hearing sanction and keep the prisoner's wife on his visiting list where the guard who reported the underlying infraction …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
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