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PLRA Requires Prisoner 1983 Complaints to Plead Administrative Exhaustion by The U.S. Court of Appeals for the 6th Circuit recently held that the Prison Litigation Reform Act (PLRA) requires prisoner civil complaints under 42 U.S.C. 1983 to allege the prisoner exhausted all administrative remedies before suing or suffer dismissal of …
Survivors Win $1,825,000 in Wisconsin Prisoner Suicide Suit by The parents and estate of a Wisconsin state prisoner who committed suicide after being taken off of his anti-psychotic medication won a $1,825,000 jury award in Wisconsin federal court. Matthew Sanville, a 26 year-old Wisconsin state prisoner, was prosecuted for assaulting …
Article • May 15, 2007
Arizona Internet Ban Permanently Enjoined by John E Dannenberg by John E. Dannenberg On May 19, 2003, the U.S. District Court (D. Ariz.) granted summary judgment, permanently enjoining enforcement of Arizona House Bill 2376 (HB 2376), a 2002 state statute that had made it a misdemeanor for Arizona Department of …
Article • May 15, 2007
Prison Disciplinary Issues Must Be Raised in Administrative Appeal by Jon Michael Withrow The Seventh Circuit Court of Appeals upheld a decision in a prison disciplinary proceeding, finding "some evidence" to support the disciplinary board's decision of guilty and that prisoner's due process claim on the board's boilerplate reason for …
Florida DOC Clamps Down on Prisoner Writers by David Reutter by David M. Reutter In an effort to limit prisoners' free speech rights, the Florida Department of Corrections (FDOC) has taken steps to prohibit prisoners from engaging in a business or profession. For some years now, the FDOC has had …
Article • May 15, 2007
Court Upholds Mistreating Prisoners For Practice by Court Upholds Mistreating Prisoners For Practice The plaintiff alleges that the defendants authorized a "live exhibition/exercise" by CERT officers, with civilian witnesses, in which he was forcefully extracted from his cell and dragged to an exercise unit where he was placed in a …
Participation in Internal Affairs Investigation Doesn't Satisfy PLRA Exhaustion by The Ninth Circuit Court of Appeals held that participation in an internal affairs investigation is not sufficient to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement. Prisoners must utilize the internal grievance procedures. In 1998, Robert Panaro was a …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict by Good Faith Defense Analyzed Under Objective and Subjective Factors; $210,000 Jail Conditions Verdict Upheld The Fourth Circuit Court of Appeals held a district court properly applied a subjective and objective test to determine a defendant's good …
Article • May 15, 2007
No Liability for Jail Bunk Assignment Policy by The Seventh Circuit Court of Appeals held that prison officials cannot be liable for an unfortunate random act of violence. This action was filed by a pre-trial detainee at Indiana's LaPorte County jail, alleging jail policy resulted in his being attacked by …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
Article • May 15, 2007
Minimum Wage Provisions Apply to Prisoners Employed by Community College by The Second Circuit Court of Appeals held that the status of being a prisoner does not exclude the prisoner from being entitled to minimum wage for employment services by non-prison employers. This action was filed by a New York …
Article • May 15, 2007
Colorado Upholds 100 Years-to-Life for Sex Offender Under New Lifetime Act by The Colorado Court of Appeals has affirmed two consecutive, 50 years-to-natural-life sentences for a sex offender convicted of class 3 and class 4 sex offenses under Colorado's new Sex Offender Lifetime Supervision Act (the Act). Delbert Larson was …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Criminal Restitution Order Non-Dischargeable Through Bankruptcy by The First Circuit Court of Appeals has held that a criminal restitution order is not dischargeable under bankruptcy. The appellant in this case was convicted of embezzlement and ordered by an Illinois court to pay $104,000 restitution in lieu of a prison sentence. …
Article • May 15, 2007
Filed under: Damages, Media, Censorship
Damage Award for Restriction on Political Speech Upheld by The Court of Appeals for the Seventh Circuit affirmed an Illinois district court's order finding a city ordinance limiting door-to-door solicitation between 9 AM and 5 PM violated the First Amendment and awarding $8,300 in damages for the violation. The court …
Denial of Class Certification in Pennsylvania Conditions Suit Reversed by The Third Circuit Court of Appeals has held that a district court properly denied three prisoners' Eighth Amendment claim of unconstitutional conditions at the State Correctional Institute at Graterford, Pennsylvania, but erred in denying class certification and ruling on the …
Article • May 15, 2007
Denial of Good Conduct Credit Ex Post Facto by Massachusetts state prisoner Ronald Greenfield was sentenced to 5-7 years incarceration in 1962. In 1965, the law concerning the awarding of credits for good conduct was amended to prohibit such credits for persons who violate parole and are re-incarcerated. Greenfield violated …
Article • May 15, 2007
Denial of Orthopedic Shoes for 21 Months Defeats Summary Judgment by An Oregon federal district court has held that prison officials at the Snake River Correctional Center could be liable for delaying adequate treatment of a prisoner's spastic paralysis, which resulted in a chronic case of claw foot. The prisoner, …
Article • May 15, 2007
Directed Verdict of Prisoner's Failure to Treat Medical Need Claim Reversed by The Eleventh Circuit Court of Appeals reversed a district court's grant of a directed verdict on a prisoner's Eighth Amendment claim of denial of medical treatment. The suit was brought against officials at the Georgia State Prison and …
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