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Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
Challenge to Legal Supplies Indigent Rule Dismissed by The plaintiff sought a writ of mandamus to order the state correction department to provide him and all other inmates legal materials on request, contrary to its policy that no one is considered indigent and eligible for free services until after 90 …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …
$825,000 Attorney Fee Award in Maine Strip-Search Settlement by In a class action strip-search case that settled for $3.3 million, a federal court in Maine awarded class counsel attorney fees totaling 25 percent of the settlement, or $825,000. The court directed counsel to provide documentation supporting accrued and projected litigation …
Article • May 15, 2007
$75,000 Nominal Damage Award Improper; Reduced to $1.00 by The Eighth Circuit Court of Appeals upheld a lower court's decision reducing a $75,000 nominal damages award to $1.00. On November 18, 1995, Jose Alonzo Corpus was arrested in Minnesota on an outstanding warrant. While being booked into jail, Corpus exchanged …
Article • May 15, 2007
9th Circuit Vacates Marshal's District-Wide Shackling Policy by The Ninth Circuit Court of Appeals vacated a district-wide California policy of requiring all federal pretrial detainees to wear shackles while making their first appearance before a magistrate judge. In April 2003, the United States Marshals Service for the Central District of …
Article • May 15, 2007
10th Circuit Reverses Sua Sponte Medical Claim Dismissal by The Tenth Circuit Court of Appeals reversed a lower courts sua sponte dismissal of a Utah prisoner's deliberate indifference action, for failure to state a claim. Utah prisoner Joe Martinez has a cyst on his left testicle and epididymis of his …
Article • May 15, 2007
WA Prisoner Properly Removed from Court by Damon Chapple, a Washington state prisoner, was serving one hundred and twenty five years for murder, rape, and robbery. In 1997, he was charged with raping a fellow prisoner as a three strikes offense. During a pretrial hearing he became disruptive, swearing and …
WI Prisoner Unconstitutionally Denied Correspondence with Sister-In-Law by Juan Morales, a Wisconsin state prisoner mailed a letter to his sister-in-law. Prison guards intercepted the letter, read it, and after finding that it suggested that Morales was the father of his sister-in-law's illegitimate child, refused to mail it or others like …
Article • May 15, 2007
OH Prisoner's Criminal Retaliation Conviction Reversed by In April of 2000, Justin Farthing, an Ohio state prisoner, sent a letter to another prisoner at the Pickaway Correctional Institution in Pickaway County, Ohio. The letter suggested that they both rape his former parole officer, Susan Johnson, who'd violated Farthings parole on …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
Article • May 15, 2007
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
Eighth Circuit Upholds Dismissal of Phone Rate Challenge by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an excessive prison phone rate case for failure to state a claim under FRCP 12(b)(6). As we have reported extensively, all similar litigation to date has been unsuccessful in …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007
Filed under: Money/Property, Interest
Denial of Interest May Violate Due Process by A federal court in Rhode Island held that a prisoner stated a claim that denial of interest on his funds deprived him of procedural due process. Rhode Island Department of Corrections (DOC) prisoner Edward Young brought suit alleging that the denial of …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Article • May 15, 2007 • from PLN May, 2007
EPA Fines Pennsylvania DOC $37,000 for Air Violations by For a violation of federal environmental laws, the Pennsylvania Department of Corrections (PDOC) has been fined $37,510. That penalty came in a settlement agreement between PDOC and the U.S. Environmental Protection Agency (EPA). The agreement resulted from an administrative complaint for …
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. …
Article • May 15, 2007 • from PLN May, 2007
Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim by A Pennsylvania state prisoner who was injured when a guard slammed the cell slot door on his arm after the prisoner didn?t retract his arm soon enough was awarded $10,000 in punitive damages by a federal jury on January 28, 2006. …
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