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Article • May 15, 2007
Overcrowding Conditions State Claim by The court of appeals for the Ninth circuit held a district court erred when it dismissed an overcrowding lawsuit filed by pro se Hawaiian prisoners for failing to state a claim. Overcrowding, per se, is not unconstitutional. In this case the plaintiffs alleged the negative …
Article • May 15, 2007
Sleeping on Floor Violates Due Process Rights of Detainee by The court of appeals for the First circuit held that a federal pre trial detainee in New Hampshire had stated a claim for violation of his due process not to be punished until he is convicted of a crime when …
Article • May 15, 2007
Legal/Media Mail and Attorney Visits Protected by The court of appeals for the Fifth circuit upheld a district court injunction prohibiting Dallas, Texas, jail officials from opening prisoners' mail from and visits with attorneys. While Texas state law did not provide for confidential media mail, it does provide for confidential …
Article • May 15, 2007
Case Can't Be Dismissed Because Prisoner Doesn't Appear in Courtroom by The court of appeals for the Seventh circuit, sitting en banc, held that a district court erred when it dismissed an Illinois prisoner's lawsuit because he did not personally appear in court. The prisoner sued police and prosecutors for …
Article • May 15, 2007
Consent Decree Modification Standard by Consent Decree Modification Standard Explained The court of appeals for the Fourth circuit, sitting en banc, held that a district court had properly modified a consent decree where Maryland prison conditions remained inhumane. Underlying suit over prison conditions was settled by consent decree, progress was …
Article • May 15, 2007
Jail Detainee Has Right of Court Access by The court of appeals for the Ninth circuit held that a California jail detainee's court access rights were violated when the jail interfered with court ordered local and long distance phone calls, legal materials, subpoena runner and obtaining legal materials and an …
Prisoner Has Right to call Disciplinary Witnesses by Prisoner Has Right to Call Disciplinary Witnesses The court of appeals for the Third circuit held that a Pennsylvania prisoner was entitled to call witnesses on his behalf at a prison disciplinary hearing. Prison official's refusal to provide for the witnesses was …
Article • May 15, 2007
Rectal Search Requires Reasonable Suspicion by The court of appeals for the Tenth circuit vacated the criminal conviction of a federal prisoner in Oklahoma, holding the prison warden lacked "reasonable suspicion" to order a rectal search of the prisoner. The warden also failed to follow BOP regulations outlining the procedure …
Article • May 15, 2007
12 Years in Segregation May Violate 8th Amendment by The court of appeals for the Eleventh Circuit held that a Florida prisoner had stated a valid Eighth amendment claim that he had spent the past twelve years in total isolation without a hearing. Case was brought as a habeas corpus …
Article • May 15, 2007
Suit Dismissal for Failure to Appear Improper by The court of appeals for the Sixth circuit held that a district court in Tennessee improperly dismissed a federal prisoner's lawsuit because he did not appear in court for hearings. District court set various hearing dates, the plaintiff could not appear due …
Article • May 15, 2007
Jail Vermin States Claim by The court of appeals for the Eighth circuit, sitting en Banc, held that a Missouri jail prisoner had stated a constitutional claim because he was held in a six foot by six foot cell for 72 hours at a time and allowed only one fifteen …
Article • May 15, 2007
Jail Strip Search Damage Award Upheld by The court of appeals for the Seventh circuit affirmed a damage award in a Chicago, Illinois, jail strip search case. A 53 year old grandmother was arrested on misdemeanor charges and subjected to a visual strip search upon entering the jail. A jury …
IL Jail Strip Search Damage Awards Affirmed by The court of appeals for the Seventh circuit affirmed jury verdicts and damage awards to arrestees subjected to strip searches in the Chicago, Illinois, jail. Three women were arrested for parking ticket violations and failing to produce a driver's license. They were …
IL Jail Detainee's Conditions and Retaliation Suit States Claim by The court of appeals for the Seventh circuit held that a district court wrongly dismissed an Illinois jail detainee's lawsuit for failing to state a claim. The plaintiff sued the jail alleging high levels of racial and sexual violence, inadequate …
Article • May 15, 2007
TX Jail Liable for Strip Searches by The court of appeals for the Fifth circuit affirmed an injunction, damage and attorney fee awards against the Lubbock county jail. Two women were arrested on misdemeanor charges and when brought to the Lubbock jail they were strip searched. The jail policy was …
Article • May 15, 2007
NE Jail Liable for Strip Searches by The court of appeals for the Eighth circuit held that a Nebraska jail policy of strip searching all arrestees was unconstitutional. Plaintiff was arrested for dog leash violations and strip searched when brought to jail. District court entered judgment for defendants. Appeals court, …
Article • May 15, 2007
Denial of Clothes Upheld by The court of appeals for the Eighth circuit held that making an Arkansas prisoner spend 14 days in his underwear in segregation, when absolutely no penological reason justified the denial of clothes, was constitutional where the prisoner had sheets and blankets and the cell was …
Article • May 15, 2007
Single Case of Food Poisoning Okay by The court of appeals for the Fifth circuit held that a single instance of mass food poisoning in a Louisiana prison did not violate the Eighth amendment. If food poisoning were a regular occurrence there may be a claim. See: George v. King, …
EMIT Test Result Supports Infraction by The court of appeals for the Second circuit held that a single EMIT drug test result showing the use of drugs was sufficient to support a finding of guilt in a New York prison disciplinary hearing. Pre-hearing segregation of prisoners who test positive for …
Article • May 15, 2007
Filed under: Family, Marriage
Prisoners Have Right to Marry by The court of appeals for the Eleventh circuit held that factual issues precluding summary judgment existed in a Florida prisoners lawsuit to marry a woman. Florida administrative rules barred prisoners sentenced to death, life in prison and other factors from marrying. Court found the …
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