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Article • May 15, 2007
Prisoners Have No Right to Give Legal Assistance by The court of appeals for the Eighth circuit held that a North Dakota prisoner had no right to provide legal assistance to other prisoners. There is a circuit split on this issue. See: Gassier v. Rayl, 862 F.2d 706 (8th Cir. …
Article • May 15, 2007
Vegetarian Diet Required for Seventh Day Adventist by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit seeking a vegetarian diet to accommodate his Seventh Day Adventist beliefs. Prison official's claims vegetarian diets are not nutritionally adequate. Prisoner presented …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Article • May 15, 2007
Charges Alone Don't Justify Ad-Seg for Detainees by A federal district court in New York held that there was no reason to keep mafia boss John Gotti in ad seg pending trial solely because he was accused of witness tampering and murder. Court ordered the defendants released into the jail's …
Article • May 15, 2007
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Article • May 15, 2007
Right to Attorney Contact Visits by The court of appeals for the Ninth circuit held that Arizona prisoners and attorneys have a court access right to contact visits. Denial of contact visits inhibits effective attorney-client communication. See: Ching v. Lewis, 895 F.2d 608 (9th Cir. 1990).
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
Article • May 15, 2007
Jury Instructions on Eighth Amendment Claim by The court of appeals for the Eighth circuit held that a district court erred in sua sponte awarding nominal damages to a Missouri prisoner after a jury found his Eighth amendment rights had been violated by a guard who slammed a food service …
Article • May 15, 2007
Denial of Newspaper and Medical Care States Claim by The court of appeals for the Fifth circuit held that a district erred in denying IFP status to a federal pretrial detainee in Texas who claimed he was denied medical attention following his arrest. The plaintiff also claimed the jail banned …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Prisoners Retain Some Right to Bodily Privacy by The court of appeals for the Sixth circuit held that a Michigan prisoner had stated a claim for violation of his religious right to "modesty" in challenging a prison practice of giving women guards full access to a men's prison where they …
Article • May 15, 2007
Prevailing Pro Se Prisoners Entitled to Costs, But Not Fees by Successful pro se prisoner litigants are entitled to costs under FRCP 54(d). They are not entitled to attorney fees under 42 U.S.C. § 1988. A Female prisoner in Missouri and prison employee she later married filed suit claiming they …
Article • May 15, 2007
Special Master Authority Limited by The court of appeals for the Ninth circuit granted a writ of mandamus to prison officials, holding the lower court lacked jurisdiction to order California prison official defendants to allow a special master to inspect the New Folsom prison, a prison not encompassed by the …
Article • May 15, 2007
Jail Denial of Mattress States Claim, Okay to Strip Search Violent Arrestees by The court of appeals for the Ninth circuit held that a California pretrial detainee had stated a claim when he filed suit over the denial of a bed or mattress on the Los Angeles jail due to …
Article • May 15, 2007
Unsanitary Food, Contaminated Water State Claim by The court of appeals for the Ninth circuit held that allegations of unsanitary food handling and polluted water in an Arizona prison stated a claim. The district court erred in dismissing the suit as frivolous. Not a ruling on the merits. See: Jackson …
Article • May 15, 2007
Witness Protection Program Prisoners Double Celled by Witness protection Program Prisoners Double Celled The court of appeals for the Eighth circuit held that BOP prisoners in Minnesota who are in the witness protection program had no right not to be double celled. No breach of contract claim existed. The lower …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Okay to Stamp Mail as Originating in Jail by A federal district court in Virginia dismissed as frivolous a lawsuit challenging a jail practice of stamping outgoing envelopes as having originated in a jail. All courts to consider this practice have upheld it. See: Rogers v. Isom, 709 F. Supp. …
Article • May 15, 2007
Right to Prison Abortions Unclear by The court of appeals for the Sixth circuit held that BOP officials J in Kentucky were properly granted qualified immunity for denying a prisoner an abortion after she requested one. Note that since this ruling other courts have held prisoners and pretrial detainees have …
Religious Headgear Ban Upheld by The court of appeals for the Eighth circuit upheld Missouri prison if rules banning Moorish Science Temple prisoners from wearing a fez and rules requiring a prison guard to attend all religious services held by prisoners. The court gives ample discussion to religious rights in …
Article • May 15, 2007
Court Questions Prison Administrative Remedies by The court of appeals for the Eighth circuit held that a federal prisoner in Missouri's lawsuit should be stayed while he exhausted administrative remedies. This is no longer good law since the PLRA was enacted. Court's comment is useful: "We question whether any adequate …
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