Skip navigation

Search

71795 results
Page 2229 of 3590. « Previous | 1 2 3 4 ... 2225 2226 2227 2228 2229 2230 2231 2232 2233 ... 3586 3587 3588 3589 3590 | Next »

Article • May 15, 2007
Filed under: Mail, Mail Regulations
Okay to Stamp Mail as Originating in Jail by A federal district court in Virginia dismissed as frivolous a lawsuit challenging a jail practice of stamping outgoing envelopes as having originated in a jail. All courts to consider this practice have upheld it. See: Rogers v. Isom, 709 F. Supp. …
Article • May 15, 2007
Right to Prison Abortions Unclear by The court of appeals for the Sixth circuit held that BOP officials J in Kentucky were properly granted qualified immunity for denying a prisoner an abortion after she requested one. Note that since this ruling other courts have held prisoners and pretrial detainees have …
Religious Headgear Ban Upheld by The court of appeals for the Eighth circuit upheld Missouri prison if rules banning Moorish Science Temple prisoners from wearing a fez and rules requiring a prison guard to attend all religious services held by prisoners. The court gives ample discussion to religious rights in …
Article • May 15, 2007
Court Questions Prison Administrative Remedies by The court of appeals for the Eighth circuit held that a federal prisoner in Missouri's lawsuit should be stayed while he exhausted administrative remedies. This is no longer good law since the PLRA was enacted. Court's comment is useful: "We question whether any adequate …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Statutory Forfeiture of Prison Cash Upheld by The court of appeals for the Fifth circuit upheld the confiscation of $2,197.40 in cash from a Florida prisoner. Court held that a state statute allowing forfeiture of cash found in prisoners' possession was unconstitutional. As a general rule, forfeiture of prisoner funds …
Article • May 15, 2007
Cost Bills Must Be Opposed in Timely Manner by The court of appeals for the Seventh circuit held that failure to oppose a bill of costs within the FRCP's time limits waive any objections to the costs. The court held, in this Indiana case, that prisoners per se are not …
No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …
Article • May 15, 2007
Out of State Counsel Entitled to Full Fees, Costs by The court of appeals for the First circuit held that the Rhode Island prisoners who prevailed in a prison conditions of confinement suit were entitled to attorney fees under 42 U.S.C. § 1988 for their out of state lawyers. The …
Article • May 15, 2007
No Right to Interest Bearing Accounts by The court of appeals for the Eighth circuit held that Missouri prisoners have no right to open or continue making bank deposits into interest bearing accounts. Prisons are not obligated to pay interest on trust fund accounts. Note that other courts have held …
Article • May 15, 2007
Mail Between Prisoner and Former Prison Employee Allowed by The court of appeals for the Eighth circuit granted habeas relief to a wheelchair bound, paraplegic BOP prisoner in Missouri who was denied correspondence with a former female BOP employee he became romantically involved with. The court held that on the …
Article • May 15, 2007
Catalyst Theory Allows Fees in Strip Search Suit by The court of appeals for the Fourth circuit held that a plaintiff who voluntarily dismissed a lawsuit challenging a Virginia jail strip search policy, after state law was changed to ban such searches, was entitled to attorney fees for time spent …
Article • May 15, 2007
Attorney Fees Awarded in OK Jail Suit by The court of appeals for the Tenth circuit affirmed an attorney fee award of $144,930.43 to prisoners who successfully sued over conditions in the Tulsa, Oklahoma jail. Court held prisoners' counsel was entitled to a fee enhancement. See: Clayton v. Thurman, 775 …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Article • May 15, 2007
Beating States Claim, Medical Misdiagnosis Doesn't by A federal district court in Rhode Island held that a prisoner had stated an Eighth amendment claim that he had been hit in the ribs and groin by three guards. Court held that a misdiagnosis of leukemia did not state an Eighth amendment …
Article • May 15, 2007
Filed under: Medical, Amputations
Leg Amputation Requires Trial by A federal district court in New York held that disputed factual issues requiring a trial existed as to whether prison and jail officials were deliberately indifferent to a prisoner's medical needs after a broken bone became infected, requiring the amputation of the prisoner's leg. See: …
Article • May 15, 2007
Infliction of Fear with Tasers Unconstitutional by Infliction of Fear With Tasers Unconstitutional A federal district court in Nevada held that a prisoner had stated an Eighth amendment claim when he alleged that a guard had threatened to shoot him with a taser gun for no apparent reason. Guards cannot …
Article • May 15, 2007
Race Discrimination in Hobby-craft Privileges Unconstitutional by A federal district court in Nevada held that prison officials were not entitled to summary judgment on a prisoner's claim that he was denied hobby-craft privileges because of his race. Such discrimination violates the Eighth and Fourteenth amendments. Summary judgment was denied to …
Article • May 15, 2007
Retaliation Suit Wrongly Dismissed by The court of appeals for the Tenth circuit held that a district court in Kansas wrongly dismissed a federal prisoners retaliation suit. The court applied the Turner v. Safley reasonableness test to a retaliation claim. Plaintiff claimed he was placed in segregation with no due …
Article • May 15, 2007
Prisoners Win Conditions Suit by The court of appeals for the Eighth circuit affirmed a lower court ruling enjoining overcrowding, inadequate medical care, ad seg procedures and other assorted constitutional violations in a Missouri prison. See: Burks v. Teasdale, 603 F.2d 59 (8th Cir. 1979).
Article • May 15, 2007
Prisoners Can't Represent Each Other in Court by The court of appeals for the Fifth circuit held that a Texas prisoner could not be represented on appeal by a fellow prisoner and co-plaintiff who was not licensed to practice law. To be valid, the notice of appeal had to be …
Page 2229 of 3590. « Previous | 1 2 3 4 ... 2225 2226 2227 2228 2229 2230 2231 2232 2233 ... 3586 3587 3588 3589 3590 | Next »