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MO Jury Awards $781,000 in BOP Suicide by On July 7, 1998 a federal jury in Missouri awarded the estate of a federal prisoner $781,000. William Chilton was serving a 30 month sentence for bank fraud. When he entered the federal prison system he was taking Desryl and Xanax to …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Prevailing Party in Disciplinary Suit Awarded Fees by Prevailing Party In Disciplinary Suit Awarded Fees The court of appeals for the First Circuit upheld an award of $37,123.85 in attorney fees to a Massachusetts state prisoner who was awarded $1 in nominal damages at trial for due process violations at …
No Qualified Immunity in Prison Murder by The Tenth circuit affirmed an Oklahoma district court order denying summary judgment on qualified immunity grounds, and a stay of discovery, to Oklahoma prison officials. The appeals court held that the prisoner's stabbing and strangulation death by other prisoners created a genuine issue …
Article • May 15, 2007
Political Beliefs Merit Control Unit Placement by The court of appeals for the District of Columbia reversed and remanded a lower court's injunction against the Bureau of Prisons that had prohibited the placement of political prisoners in a special control unit for women prisoners based solely on their political beliefs …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
Article • May 15, 2007
BOP Ordered to Provide Kosher Diet by A federal district court in Pennsylvania issued a Temporary Restraining Order (TRO) requiring the federal Bureau of Prisons to provide a Hassidic Jewish prisoner with a kosher meal during Passover. The court found the BOP's attempt at providing kosher meals deficient and ordered …
Jury Interrogatories Reviewed for Plain Error by The court of appeals for the Second circuit held that jury interrogatories are reviewed for plain error and will be reversed even if a party did not object at the trial level, if the instructions affected the proceedings. Plaintiff was a mentally ill …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Ban on Staff Witnesses in Disciplinary Hearings Unconstitutional by The court of appeals for the Tenth circuit granted a certificate of appealability in a habeas corpus action. The court held that a New Mexico state prison's blanket policy of banning all staff members as witnesses in disciplinary hearings was unconstitutional …
Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …
Article • May 15, 2007
Impartial Hearing Officer Required in Disciplinary Hearing by The court of appeals for the Eighth circuit reversed a district court's sua sponte dismissal of a Nebraska prisoners § 1983 suit against a prison disciplinary hearing officer who refused to recuse himself from a hearing because plaintiff was suing the hearing …
Article • May 15, 2007
County Liable for Attorney Fees in Jail Contempt Sanction by The court of appeals for the Fourth circuit affirmed a district court ruling filing officials of the Dorchester county jail in Maryland in contempt over jail conditions and liable for plaintiffs' attorney fees. Jail prisoners filed suit over jail conditions …
Article • May 15, 2007
Property Interest in Trust Fund Money by Property Interest In Trust Fund Money The court of appeals for the Fifth circuit held that a Louisiana state prisoner had a property interest in the funds in his prison trust account and may have been denied due process when prison officials seized …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
Article • May 15, 2007
Class Certification Confers Subject Matter Jurisdiction by The court of appeals for the Fifth circuit held that a district court erred when it dismissed a class action suit against the Adams county jail in Mississippi for lack of subject matter jurisdiction. The appeals court held that courts must reach the …
Overcrowding Must Cause Harm to Be Actionable by The court of appeals for the Sixth circuit largely reversed a district court's injunction over conditions at the Knox county jail in Knoxville, Tennessee, holding there must be a causal connection between overcrowding and bad conditions. The district court issued an injunction …
Article • May 15, 2007
Change in FL Good Time System violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling that granted habeas relief to a Florida prisoner who claimed a change in the state's method of calculating and awarding good time credits violated the ex …
Right to Interpreter and Witnesses at NY Disciplinary Hearings by A New York state appeals court held that prisoners in that state have a right to accurate translations of disciplinary proceedings and the right to call witnesses at those hearings. Paul Santana, a non English speaking Hispanic prisoner was infracted …
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