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Article • May 15, 2007
Tennessee Disenfranchisement Law Upheld by The U.S. Sixth Circuit Court of Appeals upheld a federal district court's dismissal of a case claiming that the Tennessee Voting Rights Act of 1981 violated the Federal Voting Rights Act Amendments of 1982 and the Fourteenth and Fifteenth Amendments to the U.S. Constitution. Charles …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Article • May 15, 2007
Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) by Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) The U.S. Sixth Circuit Court of Appeals held that a state prisoner filing a civil rights complaint that is subsequently dismissed under the "three-strikes provision" of 28 U.S.C. § …
Punitive Damages Can Be Awarded in § 1983 Claim by Punitive Damages can be Awarded in § 1983 Claim The Eighth Circuit Court of Appeals affirmed a jury verdict of the United States District Court of the Western District of Missouri in favor of an assaulted prisoner. The court also …
Article • May 15, 2007
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
Article • May 15, 2007
FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose by Affirming the decision of the U.S. District Court of Maryland, the U.S. Fourth Circuit Court of Appeals held that prisoners of the Bureau of Prisons (BOP) consent to have their telephone calls monitored and taped and that the Federal …
Placing Pre-Trial Detainees in Segregation Requires Due Process by The U.S. Seventh Circuit Court of Appeals, reversing in part the decision of a district court in Indiana, held that a pre-trial detainee cannot be placed in segregation without due process, except for management purposes. James Higgs, a pre-trial detainee in …
Article • May 15, 2007
Under "Compelling Circumstances" Government Must Issue Subpoenas for Free by Under "Compelling Circumstances" Government Must Issue Subpoenas for Free The Eighth Circuit Court of Appeals, sitting en banc, held that the United States may be compelled to pay fees and expenses of witnesses subpoenaed by indigent civil litigants in cases …
Article • May 15, 2007
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants by The U.S. Second Circuit Court of Appeals, vacating and remanding a New York district court decision, held that the district court judge abused her discretion in refusing to appoint counsel for an indigent civil litigant. Allen Hodge was arrested …
Article • May 15, 2007
Eighth Circuit Reverses Summary Judgment in Failure to Protect Claim by The U.S. Eighth Circuit Court of Appeals has reversed the District Court for the Western District of Missouri on that court's grant of summary judgment to a prison captain in a prisoner's failure to protect claim. Michael Cleaver, a …
Article • May 15, 2007
Dismissed Medical Claims Reversed by Federal Tenth Circuit by The Tenth Circuit Court of Appeals has reversed a Kansas Federal District Court's dismissal of a state prisoner's 42 U.S.C. §1983 complaint. Donald Halpin is a Kansas Department of Corrections (KDOC) prisoner transferred from the Florida Department of Corrections under the …
Article • May 15, 2007
Filed under: Mental Health, Suicides
Parents of Jail Suicide Victim Have Familial Association Right by The U.S. Court of Appeals for the Ninth Circuit held that the parents of an arrestee, who committed suicide while in the Helena (Montana) city jail, could maintain a claim, under 42 U.S.C. § 1983, based upon a Fourteenth Amendment …
Article • May 15, 2007
New York County Could Be Liable for Jail Strip Searches by The U.S. Court of Appeals for the Second Circuit held that Herkimer County (New York) was not entitled to qualified immunity if it maintained a policy that allowed the routine strip-searching of misdemeanor arrestees without reasonable suspicion that they …
Article • May 15, 2007
Common Area Contraband Disciplinary Conviction Upheld by The U.S. Court of Appeals for the Seventh Circuit held, in a split decision, that weapons found in a ventilation shaft adjacent to eight Stateville prison cells, which housed a total of 32 prisoners, provided the "some evidence" necessary to sustain a disciplinary …
Article • May 15, 2007
Seventh Circuit Discusses Res Judicata and Collateral Estoppel by The U.S. Court of Appeals for the Seventh Circuit held that the doctrines of res judicata and collateral estoppel barred federal civil right actions against county and village officials for due process violations because a successful state mandamus action based upon …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
No Supervisor Liability in Excessive Force Case by The U.S. Court of Appeals for the Eleventh Circuit held that an Alabama district court granting of summary judgment in favor of state prison guards who broke a prisoner's arm was precluded by unresolved issues of material fact. The court further held …
Article • May 15, 2007
Sworn Beating Complaint Defeats Summary Judgment by The U.S. Court of Appeals for the Eleventh Circuit held that a Florida state prisoner's sworn complaint was sufficient to defeat a motion for summary judgment filed by the defendant prison guards because the complaint "alleged detailed facts" that conflicted with the guards' …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Article • May 15, 2007
Exculpatory DNA Evidence Insufficient for New Trial by The Eighth District Court of Appeals of Ohio, in a split decision, has reversed the grant of a new trial to an Ohio prisoner by the Cuyahoga County Court of Common Pleas. Frederick Luckett, an Ohio prisoner, was convicted at jury trial …
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