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Article • May 15, 2007
Grievance Retaliation Unlawful by The court of appeals for the Eighth circuit reversed the dismissal of an Iowa state prisoner's lawsuit claiming he was infracted for filing a grievance that prison officials claimed contained incorrect information. The court held that the content of administrative grievances is protected by the First …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
Article • May 15, 2007
Filed under: Juveniles
Juveniles Enjoined from Placement in Adult Jails by A federal district court in Oregon entered an injunction in favor of juvenile prisoners and awarded them attorney fees in a lawsuit against the Columbia County Correctional Facility in St. Helens, Oregon. The court held that confining runaway children or children out …
Article • May 15, 2007
Confiscation of Legal Papers States Claim by The court of appeals for the Second circuit reversed the FRCP 12(b)(6) dismissal of a prisoner's § 1983 action against New York state prison officials who confiscated his legal papers. The court held that access to the courts is a substantive right rather …
Racial Violence Against White Prisoners Condoned by The court of appeals for the Seventh circuit affirmed the denial of a preliminary injunction sought by white prisoners against the Illinois DOC. The plaintiffs claimed that prison officials allowed black prison gangs to essentially run the state's prisons and extort and assault …
Change in Infraction Level Requires Due Process in Wisconsin by A Wisconsin federal district court held that Wisconsin administrative code § HHS 303.68(4) creates a liberty interest which requires the security director to consider the regulation's criteria and make a statement of the criteria applicable to upgrade a prisoner's misconduct …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
Article • May 15, 2007
Transexualism is a Serious Medical Need by The court of appeals for the Seventh circuit held that a district court erred in dismissing, for failure to state a claim, a lawsuit by an Indiana prisoner that he was denied treatment for gender dysphoria (transsexualism). The appeals court held that gender …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
Article • May 15, 2007
Due Process Violated by Property Confiscation by The court of appeals for the Seventh circuit upheld a challenge to lockdown conditions at the USP in Marion, IL imposed after two guards and a prisoner were killed at the prison in 1983. The court held that a lower court erred in …
Article • May 15, 2007
Filed under: Medical, Abortion, Injunctions
Right to Elective Abortions by The court of appeals for the Third circuit upheld a lower court injunction requiring jail officials to provide female prisoners with elective abortions upon request. The suit was filed as a class action suit against the Monmouth County Correctional Institution in New Jersey over its …
Prisons Can't Ban Gay Literature; Pedophile Magazine Ban Upheld by The court of appeals for the Ninth circuit upheld the censorship of North American Man-Boy Love Association materials sent to a convicted pedophile at the Washington State Penitentiary in Walla Walla. The court said prison officials cannot censor gay literature. …
No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
No Qualified Immunity for Failing to Protect Jail Prisoner by The court of appeals for the Third circuit held that jail officials were not entitled to qualified immunity for failing to protect a pretrial detainee from harm by other prisoners. The plaintiff was detained for traffic violations and placed in …
Article • May 15, 2007
Restitution Allowed in Prison Killing by BOP Prisoner in Illinois convicted of killing another prisoner challenged court ordered restitution for the victim's funeral, etc., pursuant to 18 U.S.C. § 3579(b)(B). The court rejected his argument that restitution was inappropriate because the murder saved the government the cost of housing and …
Article • May 15, 2007
Inspection of Outgoing Legal Mail Upheld by The court of appeals for the Ninth circuit upheld a Nevada prison practice of inspecting, but not reading, mail prisoners sent to the state attorney general's office for offensive and dangerous materials. See: Witherow v. Paff, 52 F.3d 264 (9th Cir. 1995).
Article • May 15, 2007
Immunity for Shooting Escaping Prisoners by The court of appeals for the Seventh circuit held, in this Indiana case, that prison guards will generally get qualified immunity when they shoot ad kill escaping prisoners. See: Kinney v. Indiana Youth Center, 950 F.2d 462 (7th Cir. 1991).
Article • May 15, 2007
Disciplinary Finding Must Give Evidence Relied On by The court of appeals for the Seventh circuit held, in this Wisconsin case, that prison disciplinary hearing committees must give a statement of the evidentiary basis for finding a prisoner "guilty" of disciplinary charges. Court discusses the right and importance of such …
Article • May 15, 2007
Filed under: Organizing, Hunger Strikes
Court Orders Force Feeding of Hunger-Striker by A federal district court in New York granted a motion by the BOP to allow them to force feed a civil contemnor on hunger strike. Note that some state courts have held prisoners have a state constitutional right to refuse force feeding while …
Article • May 15, 2007
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
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