Skip navigation

Search

71925 results
Page 2234 of 3597. « Previous | 1 2 3 4 ... 2230 2231 2232 2233 2234 2235 2236 2237 2238 ... 3593 3594 3595 3596 3597 | Next »

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 …
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).
Page 2234 of 3597. « Previous | 1 2 3 4 ... 2230 2231 2232 2233 2234 2235 2236 2237 2238 ... 3593 3594 3595 3596 3597 | Next »