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Article • May 15, 2007
Legal Mail Marking Requirement Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison policy where mail from attorneys and the courts was opened and read outside the prisoner's presence if it was not marked "legal mail" even if it was obvious the mail came from …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
Lucas County, OH Jail Conditions Unconstitutional by A federal district court held that conditions of confinement in the Lucas County jail in Ohio were unconstitutional. Ruling and injunction were affirmed at Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). See: Jones v. Metzger, 323 F. Supp. 93 (ND OH …
Punishment for Publishing Newsletter Unconstitutional by The court of appeals for the Third circuit held that a district court erred when it dismissed a suit filed by Pennsylvania prisoners who were placed in segregation for publishing a prison newsletter. In reversing, the appeals court held that it is unconstitutional to …
Article • May 15, 2007
Visitation Denial Based on Race States Claim by The court of appeals for the Third circuit held that a district court erred when it dismissed as frivolous a Pennsylvania prisoner's lawsuit claiming he was denied visits solely because of his race. See: Thomas v. Brierly, 481 F.2d 660 (3rd Cir. …
Article • May 15, 2007
Seminal Prison Brutality Case by This is one of the first circuit court rulings on prison brutality. Its methodology has been abandoned in light of later Supreme Court rulings but it is still frequently cited by the courts. The appeals court held that New York prison guards can be held …
Article • May 15, 2007
Denial of Visits Based on Race States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's lawsuit that he was denied visits solely because he was black. Case was vacated and remanded for further proceedings. Not a ruling …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Article • May 15, 2007
IL Jail Conditions Suit States Claim by The en banc court of appeals for the Seventh circuit held that a federal prisoner had stated a claim upon which relief could be granted in a suit against the St. Clair County, Illinois sheriff and jailers. The plaintiff claimed he spent three …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
Retaliatory Transfer Illegal; No Right to Operate Business by The court of appeals for the Eighth circuit held that Iowa prisoners had no constitutional right to operate a leather goods business in prison nor to associate with other prisoners to operate such a business. The court held the district court …
Article • May 15, 2007
Retaliatory Transfer Standard Explained by The court of appeals for the First circuit held that a Massachusetts prisoner had stated a valid retaliation claim that he was transferred to a different prison after filing lawsuits against prison officials. The court held that a chronology of events from which retaliation can …
AL Jail Injunction Affirmed by The court of appeals for the Fifth circuit affirmed a district court ruling and injunction that the Rouston County jail in Dothan, Alabama, was overcrowded, posed a health hazard to prisoners and did not have a classification system and did not segregate male and female …
Article • May 15, 2007
No Right to Operate Business or Buy Cheap Food by The court of appeals for the First circuit held that a Massachusetts prisoner had no right to operate a health food business in prison to sell food to other prisoners. The court held prisoners have no constitutional right to buy …
Punishment for Legal Activities States Claim by The court of appeals for the Second circuit held that a district court erred when it dismissed, for failing to state a claim, a New York prisoner's lawsuit that prison officials refused him access to a typewriter and law library, confiscated his law …
Article • May 15, 2007
Sex Offenders Have No Right to Treatment by The court of appeals for the Tenth circuit held that New Mexico sex offenders were not entitled to treatment for sexual disorders under the Eighth amendment. With the proliferation of civil commitment laws that purport to imprison sex offenders after completion of …
Article • May 15, 2007
Transfer for Law Library Access by A Washington state prisoner was imprisoned in a minimum security prison which did not have a prison law library which negatively impacted his pending litigation. To provide court access prison officials transferred plaintiff to a maximum security prison with an extensive law library. Plaintiff …
Article • May 15, 2007
Jail Ban on Hardcover Books Struck Down by The court of appeals for the Seventh circuit affirmed a lower court ruling striking down as unconstitutional a Cook county jail (Chicago, IL) policy banning hardcover books sent to prisoners from any source, including publishers. The appeals court also affirmed the denial …
Article • May 15, 2007
WA Prisoners Have Liberty Interest in Release by The court of appeals for the Ninth circuit held that a Washington state prisoner had a due process liberty interest in being released from prison on his good time release date. The plaintiff in this section 1983 case was held 20 days …
Article • May 15, 2007
Beating States Claim by The court of appeals for the Ninth circuit held that a district court erred in dismissing a Hawaii prisoner's lawsuit for failing to state a claim. The plaintiff claimed he was beaten by guards and then denied medical care for injuries he sustained in the beating. …
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