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Article • May 15, 2007
Supreme Court Holds Racial Segregation Illegal by The United States Supreme Court affirmed a ruling by a three judge district court that held the racial segregation of prisoners in Alabama violates the Fourteenth amendment. See: Lee v. Washington, 390 U.S. 333, 88 S.Ct. 994, 19 LE.2d 1212 (1968).
Article • May 15, 2007
S.Ct. Holds Prison Officials Cannot Censor Court Pleadings by The United States supreme court held that a Michigan prison rule requiring prisoners to submit all legal pleadings to a prison investigator for review, before they could he filed with the courts, was invalid. Whether a habeas petition is properly drawn …
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
BOP Ban on Religious Headbands Upheld by The court of appeals for the Ninth circuit held that a Bureau of Prisons rule prohibiting Native American prisoners from wearing religious headbands in the prison mess hall was constitutional. The court held the rule was reasonably related to penological interests. The court …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Article • May 15, 2007
Grievance Retaliation Unconstitutional by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that he was retaliated against for using the prison grievance system. Such retaliation is unconstitutional. The case was remanded for further proceedings. See: Wildberger v. Bracknell, 869 F.2d 1467 …
Article • May 15, 2007
Filed under: Searches, Drug Testing
No Chain of Custody Required for Urine Samples by The court of appeals for the Third circuit held in this class action suit by Pennsylvania prisoners, that due process was not violated when prison officials did not maintain a chain of custody record for urine samples purporting to show drug …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Article • May 15, 2007
Legal Mail Marking Requirement Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison policy where mail from attorneys and the courts was opened and read outside the prisoner's presence if it was not marked "legal mail" even if it was obvious the mail came from …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
Lucas County, OH Jail Conditions Unconstitutional by A federal district court held that conditions of confinement in the Lucas County jail in Ohio were unconstitutional. Ruling and injunction were affirmed at Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). See: Jones v. Metzger, 323 F. Supp. 93 (ND OH …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Article • May 15, 2007
Visitation Denial Based on Race States Claim by The court of appeals for the Third circuit held that a district court erred when it dismissed as frivolous a Pennsylvania prisoner's lawsuit claiming he was denied visits solely because of his race. See: Thomas v. Brierly, 481 F.2d 660 (3rd Cir. …
Article • May 15, 2007
Seminal Prison Brutality Case by This is one of the first circuit court rulings on prison brutality. Its methodology has been abandoned in light of later Supreme Court rulings but it is still frequently cited by the courts. The appeals court held that New York prison guards can be held …
Article • May 15, 2007
Denial of Visits Based on Race States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's lawsuit that he was denied visits solely because he was black. Case was vacated and remanded for further proceedings. Not a ruling …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Article • May 15, 2007
IL Jail Conditions Suit States Claim by The en banc court of appeals for the Seventh circuit held that a federal prisoner had stated a claim upon which relief could be granted in a suit against the St. Clair County, Illinois sheriff and jailers. The plaintiff claimed he spent three …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
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