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Article • May 15, 2007
BOP IFRP Program Upheld by The court of appeals for the Second circuit upheld the constitutionality of the BOP's Inmate Financial Responsibility Program for collecting financial debts, restitution and fines from federal prisoners through an escalating series of coercive acts. Case arose in New York. See: Johnpoll v. Thornburgh, 898 …
Article • May 15, 2007
Female Guards Can Observe Naked Male Prisoners by The court of appeals for the Ninth circuit held that no constitutional right was violated by a California prison policy/practice of allowing female guards to routinely view naked and partially naked male prisoners showering, dressing, being strip searched and using the toilet. …
Article • May 15, 2007
No Right to Artificial Insemination by The court of appeals for the Eighth circuit held that a BOP prisoner in Missouri had no right to artificially inseminate his wife, assuming prisoners retain a right to procreate after incarceration. One judge dissented and would have ruled in the prisoner's favor. The …
Article • May 15, 2007
Filed under: Classification, Transfers
Jail Transfer of Pretrial Detainee May Violate Right to Counsel by Jail Transfer of Pretrial Detainee may Violate Right to Counsel The court of appeals for the Second circuit held that the intra jail transfer of a Vermont pretrial detainee may violate his right of access to counsel. The court …
State Not Liable for Death of Guards by The court of appeals for the Seventh circuit held that the state of Illinois was not liable for the death of three guards and the injury of three guards during a prison riot. The court held the guards had no constitutional right …
Exposure to Cold, Elements and Denial of Religious Activities States Claim by The court of appeals for the Fifth circuit held that a district court wrongly dismissed as frivolous a lawsuit by Texas prisoners claiming they were exposed to bitter cold, rain and wind through broken windows in the segregation …
Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
No Right to Grievance Procedure, Confidential Media Mail by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a prison grievance procedure. Prisoners have no right to have mail to the media treated as confidential legal mail. Note the media mail issue …
Article • May 15, 2007
No Right to Clergyman of Choice by The court of appeals for the Ninth circuit held that Oregon prisoners do not have the right to clergymen of their choice, hence, prisoners can't sue when their favored clergyman is fired by prison officials. Court also held that injunctive and declaratory relief …
Article • May 15, 2007
Virginia Jail Strip Searches Illegal by The court of appeals for the Fourth circuit held it was unconstitutional to strip search Virginia detainees arrested for traffic and other minor offenses. Probable cause that the person is carrying contraband is required before such strip searches can occur. Case was reversed and …
Article • May 15, 2007
CO Jail Strip Searches Illegal by The court of appeals for the Tenth Circuit held that it was illegal for jail guards to strip search a Colorado motorist arrested for speeding and driving with a suspended license when no reasonable suspicion existed that he was concealing contraband on his person. …
Article • May 15, 2007
Filed under: Searches, Strip Searches
ID Jail Strip Searches Illegal by The court of appeals for the Ninth circuit held that the Fourth amendment rights of an Idaho citizen arrested for failing to pay parking tickets were violated when she was strip searched upon entering the local jail. The district court granted summary judgment to …
Article • May 15, 2007
Retaliatory Strip Searches State Claim by The court of appeals for the Fifth circuit affirmed dismissal of a Texas prisoner's challenge to an ad seg strip search policy. The court reversed the dismissal of the prisoner's claim that the strip search policy was applied in retaliation only against prisoners who …
Article • May 15, 2007
Ad-Seg Phone Limit Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison's administrative segregation policy that permitted ad seg prisoners to call only three on a list, and the list was limited to two family members and one female friend. In doing so, the appeals …
Article • May 15, 2007
Probation Officers Entitled to Absolute Immunity when Performing Court Function by Probation Officers Entitled to Absolute Immunity When Performing Court Function The court of appeals for the Ninth circuit held that California probation officers preparing reports for use by state courts are entitled to absolute judicial immunity from suit. The …
Article • May 15, 2007
Exclusion of Sex Offenders from Work Release Upheld by The court of appeals for the Eleventh circuit upheld an Alabama prison policy that excluded violent sex offenders from minimum security, work release and furlough programs. Interesting comment by the court is that few people commit more than one murder in …
Article • May 15, 2007
Paralegal Ban Denies Effective Assistance of Counsel by The court of appeals for the Second circuit held that a New York prison policy denying a segregation unit/death row prisoner the ability to see paralegals employed by his attorney denied him effective assistance of counsel. The court denied prison officials qualified …
Article • May 15, 2007
Filed under: Mail, Postage
Postage Stamp Ban Permissible by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps. Court notes that indigent prisoners must be provided with some postage at state expense. Postage stamps were replaced by embossed envelopes. See: Kaestel v. Lockhart, 746 F.2d 1323 (8th …
Article • May 15, 2007
No Right to UNICOR Employment by The court of appeals for the Seventh circuit held that federal prisoners at Marion had no statutory right to employment within the prison or at UNICOR, the federal prison industries program. The court held that the Marion lockdown did not violate the religious rights …
Article • May 15, 2007
Opening Legal Mail Unconstitutional by The court of appeals for the Eighth circuit held that a practice of North Dakota prison officials of opening mail from attorneys that was marked "legal mail" violated due process. The court upheld the opening of non legal mail to prisoners in order to inspect …
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