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Article • May 15, 2007
Filed under: Religious Freedom, Clergy
Prison Chaplains Limited in Authority by The court of appeals for the Second circuit held that a BOP prisoner in New York had stated a valid establishment clause claim when he alleged that a prison chaplain exercised non religious powers and functions within the prison. This is not a ruling …
Article • May 15, 2007
Prison Ordered Closed by The court of appeals for the Fourth circuit affirmed a lower court ruling ordering a prison closed down because of overcrowding and other unconstitutional conditions. The lower court rulings are reported at: Johnson v. Levine, 450 F. Supp. 648 (D MD 1978) and Nelson v. Collins, …
Article • May 15, 2007
Due Process for Control Unit Placement by The court of appeals for the Seventh circuit held that confinement in the Marion control unit, in and of itself, did not violate the Eighth amendment. The court affirmed most of a district court injunction ordering the BOP to improve various conditions as …
Article • May 15, 2007
California Jail Strip Search States Claim by The court of appeals for the Ninth circuit held that jail strip search policies must be based on reasonable suspicion that the individual arrestee is concealing contraband on their person. A misdemeanor arrest requires "some other justification" for a strip search beyond the …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
Confidential Informant Testimony Must Be Reliable by Confidential Informant Testimony Must be Reliable The court of appeals for the Sixth circuit held that in prison disciplinary hearings, the hearing officer must provide written findings for the decision and a written summary of the evidence relied upon. When confidential informant testimony …
Article • May 15, 2007
Religious Name Changes Allowed by The court of appeals for the Fourth circuit held that a Virginia statute prohibiting prisoners from changing their names while imprisoned was unconstitutional. Prisoners were forbidden from changing their names for religious or other reasons and would have their mail rejected if they did. The …
Article • May 15, 2007
Sheriff Liable for Guard Hiring in Suicide by The court of appeals for the Ninth circuit held that a Montana sheriff was liable for hiring a deputy sheriff with a history of abusive violence towards prisoners. The hiring was the proximate cause of the suicide of a Native American jail …
Article • May 15, 2007
Prisoner Entitled to Staff Assistance at Disciplinary Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to staff assistance in a prison disciplinary hearing. However, the court granted the defendants in this case qualified immunity from damages by noting the law …
Article • May 15, 2007
Damage Award Upheld in Vaginal Search by The court of appeals for the Fourth circuit upheld a damage award of $4,000 to a Virginia prisoner who forcibly had her vagina searched by male and female guards for matches. Lower court held search was otherwise reasonable, but not with male guards …
Article • May 15, 2007
Jail Conditions Unconstitutional by Indiana Jail Conditions Unconstitutional The court of appeals for the Seventh circuit held that conditions in an Indiana state prison which housed pretrial detainees in protective custody were unconstitutional. As the plaintiffs had not been convicted of a crime, their claims were properly analyzed under the …
MS Jail Conditions Unconstitutional by In a seminal jail conditions case, the court of appeals for the Fifth circuit, en banc, set forth standards for future jail litigation. The court gives an extensive discussion of unconstitutional conditions in this Mississippi jail including: racial segregation of prisoners, overcrowding, prisoner run housing …
Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Damage Award in Denial of Clothes and Bedding Affirmed by The court of appeals for the Eighth circuit affirmed a district court verdict of $1,400 in favor of a Nebraska prisoner kept in solitary confinement in his underwear with no bedding besides a mattress for 14 days. The court held …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Right to Complain Clearly Established by The court of appeals for the Sixth circuit affirmed a district court ruling that an Ohio prisoner's First amendment rights were violated when he was infracted and punished for sending a petition signed by other prisoners complaining of guard harassment to the warden. The …
Section 2241 Proper Remedy for BOP Disciplinary Hearings by The court of appeals for the Seventh circuit held that a BOP prisoner in Illinois had properly filed a 28 U.S.C. S 2241 petition challenging a BOP disciplinary hearing even though he had not exhausted the BOP's administrative remedy program. While …
Article • May 15, 2007
Ban on Hardcover Books Unconstitutional by The court of appeals for the Seventh circuit struck down as unconstitutional an Indiana jail rule banning hardcover books from the jail. Jail officials were not entitled to qualified immunity from money damages. See: Kincaid v. Rusk, 670 F.2d 737 (7th Cir. 1982).
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 …
Prisoner Ordered Transferred to Escape Warden's Death Threats by The court of appeals for the Eighth circuit ruled that a notorious Arkansas prisoner's life was in danger after the prison warden threatened to kill him. The court ordered the prisoner's transfer to a state or federal prison outside of Arkansas …
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