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Article • May 15, 2007
Jewish Prisoner Entitled to Kosher Diet by The court of appeals for the Second circuit affirmed a district court's order that a Jewish federal prisoner in New York be provided with a Kosher diet. The prisoner successfully challenged the Bureau of Prisons national policy on this issue. The plaintiff in …
Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
Article • May 15, 2007
Segregation Prisoners Entitled to Exercise and Showers by The court of appeals for the Seventh circuit modified and affirmed a district court injunction requiring that Illinois prisoners in segregation for more than 90 days receive at least five hours of outdoor exercise and three showers per week. The suit was …
Article • May 15, 2007
Prison Officials Liable for Holding Prisoner Past Release Date by The court of appeals for the Third circuit affirmed in part, reversed and remanded in part, a district court's ruling in favor of a Pennsylvania prisoner who was held nine months past his release date. The district court awarded $3,520 …
Transexual Case Remanded for Trial by The court of appeals for the Eighth circuit reversed and remanded the grant of summary judgment in favor of Iowa prison officials. Plaintiff claimed to suffer from gender dysphoria, better known as transsexualism, and demanded medical treatment which prison officials refused to provide, at …
Article • May 15, 2007
Don't Sue Agreement Enforced in Jail Fire by The court of appeals for the Fifth circuit vacated a jury verdict of $200,000 in favor of a Mississippi prisoner injured in a jail fire because plaintiff had signed an agreement saying he wouldn't sue the jail in exchange for probation and …
Article • May 15, 2007
$4,226 Awarded in Missouri Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a …
Confidential Informants Require Credibility Finding by The court of appeals for the Seventh circuit affirmed in part, reversed in part, a district court order denying prisoner's counsel access to a confidential informant's under seal. A federal prisoner was found guilty in a prison disciplinary hearing of stabbing another prisoner at …
Article • May 15, 2007
Blood for Good Time Creates Liberty Interest by A federal district court in Rhode Island held that a Rhode Island statute giving prisoners time off their sentences in exchange for blood donations by prisoners created a liberty interest. Prisoner plaintiff was transferred out of state where he could not reduce …
AL Jail Fined for Violating Population Cap by A federal district court in Alabama issued an order fining the Mobile County, Alabama, jail $5,000 a day for failing to comply with a jail population limit. The court had previously found that overcrowding at the jail was so severe that it …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Forced Psychotropic Drugging Verdict of $17,000 Affirmed by The court of appeals for the Seventh circuit held that a jury had. properly found in favor of an Illinois prisoner who was forcibly drugged with psychotropic drugs. The plaintiff was an Illinois prisoner in fear of his life after being threatened …
Article • May 15, 2007
Attorney Fees Awarded in NV Legal Access Suit by A federal district court in Nevada granted a prisoner plaintiff's motion for attorney fees of $6,838.98 after successfully forcing the Nevada State Prison to maintain certain levels of legal materials at the prison. See the underlying case at Morgan v. Nevada …
BOP Good Time Credit Pro-Rated for Disciplinary Loss by The court of appeals for the Seventh circuit affirmed a district court ruling the federal prison officials in Illinois must properly compute the good time earned by federal prisoners when that good time is forfeited as a result of prison disciplinary …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
BOP Liable under State Law for Failure to Protect by BOP Liable Under State Law For Failure to Protect A federal district court in Georgia denied summary judgment, in part, to federal prison officials who were sued by a federal pre trial detainee who was stabbed in the Metro Correctional …
Disciplinary Hearings Require Disclosure of Evidence by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois state prisoner's lawsuit, for failure to state claim, when prison officials did not disclose an exculpatory report at a disciplinary or state the evidence relied …
Article • May 15, 2007
Contracting Tuberculosis in Prison States Claim by The court of appeals for the Fifth circuit hell that a district court when it dismissed, for failing to state a claim, a Texas prisoner's lawsuit complaining of filth, overcrowded conditions and that as result of the overcrowding plaintiff contracted tuberculosis. While the …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
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