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Article • May 15, 2007
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
Article • May 15, 2007
Ban on Disciplinary Hearing Witnesses Struck Down by The court of appeals for the Ninth circuit held that prisoners have a right to call live witnesses at disciplinary hearings. The court held that a blanket Oregon prison rule banning all live witnesses at disciplinary hearings was unconstitutional. Rules in question …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Article • May 15, 2007
Filed under: Classification
No Due Process of BOP Central Monitoring System by The court of appeals for the Fifth circuit held that no due process is required before a BOP prisoner is placed on the BOP's Central Monitoring System. This ruling originating in Texas conflicts with rulings by other circuits holding otherwise. Prisoners …
Article • May 15, 2007
Filed under: Court Access, Photocopies
Prisoners Have Right to Pay for Photocopies by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit that prison officials refused to photocopy legal documents for filing in a lawsuit. The prisoner had the money to pay for the …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Ban on Documentary Evidence in Disciplinary Hearings Struck Down by The court of appeals for the Fifth circuit held that an Alabama prison rule prohibiting prisoners from presenting documentary evidence in their defense at prison disciplinary hearings is unconstitutional. Key to the issue is whether the evidence requested by the …
Article • May 15, 2007
Stamp Ban, Mail Denial in Segregation Upheld by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps since embossed envelopes could be purchased from the prison commissary. The court upheld a 30 day ban on the receipt and sending of personal mail to …
Restitution Allowed At Prison Disciplinary Hearing by The court of appeals for the Seventh circuit held that a prison disciplinary hearing comporting to Wolff v. McDonnell, 94 S.Ct. 2963 (1974) afforded sufficient due process in order for BOP officials in Illinois to seize the prisoner's trust fund account money to …
Marion Lockdown Upheld, BOP Must Follow Own Rules by The court of appeals for the Seventh circuit held that the Marion lockdown, started in 1983, did not violate the due process or Eighth amendment rights of prisoners. The ban on group religious services was constitutional as was the denial of …
Article • May 15, 2007
Disparate Treatment of PC Prisoners, Denial of Exercise States Claim by The court of appeals for the Eighth circuit held that claims of disparate treatment of Missouri prisoners in protective custody was not frivolous and stated an equal protection claim. Limiting the PC prisoners to only 45 minutes of outdoor …
Article • May 15, 2007
Filed under: Classification, Furloughs
No Right to Funeral Furlough by The court of appeals for the Seventh circuit held that an Indiana prisoner had no right under state or federal law to attend his stepfather's funeral. Furloughs from prison are discretionary decisions by prison officials. See: Merritt v. Broglin, 891 F.2d 169 (7th Cir. …
Article • May 15, 2007
No Right to Typewriter by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a memory typewriter. All courts to consider this issue have uniformly held that prisoners have no right whatsoever to typewriters or word processors. No free speech or court …
Article • May 15, 2007
No Right to Smoke by The court of appeals for the Eighth circuit held that Iowa prisoners have no constitutional right to smoke. No court has held otherwise. Given the rise in suits over exposure to second hand tobacco smoke more states are banning smoking. See: Grass v. Sargent, 903 …
Article • May 15, 2007
No Right to Radio by The court of appeals for the Eighth circuit held that an Arkansas prisoner had no right to possess a radio in prison. The court accepted prison officials claim that radios pose a security threat in prison. No other court has held that prisoners have a …
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 …
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