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Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
Closure of Pennsylvania Prison Legal Clinic Enjoined by A Pennsylvania federal district court held that prison officials intent to close the Para-Professional Law Clinic (PPLC) at the State Correctional Institution in Graterford would violate prisoners' right to meaningful access to the courts. The PPLC is a non-profit corporation that has …
Article • May 15, 2007
DNA Collection From Prisoner Constitutional by The Fifth Circuit Court of Appeals held that the collection of DNA Samples from felons pursuant to a state statute does not violate the Fourth Amendment. This action, filed by a Texas prisoner, sought damages and injunctive relief, including deletion of his DNA sample …
Article • May 15, 2007
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
Florida Good Time Law Applied by Florida's First District Court of Appeals held that the Correctional Reform Act of 1983 (The Act) does not allow the Florida Department of Corrections (FDOC) to grant additional days of gain-time as a matter of grace of forfeit the right to gain-time earned prior …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
Article • May 15, 2007
§ 1983 Suit Improper Remedy for Good Time Loss by The court of appeals for the Fifth Circuit held that it was improper for a prisoner to file a 42 U.S.C. § 1983 action seeking monetary damages, declaratory and injunctive relief that prohibited prison officials from removing, rescinding or suspending …
Article • May 15, 2007
8th Circuit Upholds Minnesota Law Requiring Registration For Non-Sexual Offenses by The U.S. Eighth Circuit Court of Appeals upheld a Minnesota law requiring certain individuals convicted of non-sexual offenses to register as sexual predators. Brian Gunderson was charged with first degree criminal sexual conduct stemming from an alleged rape. The …
Article • May 15, 2007
California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in by California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in State Prison" The California Court of Appeal reversed a battery-on-staff conviction that a mentally ill prisoner had suffered while …
Article • May 15, 2007
15 Months Administrative Segregation Not Atypical and Significant Hardship by The Third Circuit Court of Appeals held that 15 months in administrative segregation is not an atypical and significant hardship that creates a procedural due process violation. Pennsylvania prisoner Jerome Griffin was placed in administrative segregation pending an investigation of …
Article • May 15, 2007
Over Detention Claim Must Show Knowledge or Failure to Act on Problem by A Pennsylvania federal district court held a prisoner failed to show prison officials were deliberately indifferent to his claims that he was over-detained. The SCI Graterford prisoner alleged prison officials violated his constitutional rights by detaining him …
Article • May 15, 2007
Intermediate State Appellate Court Ruling Fails to Override Qualified Immunity Defense in Over-Detention Suit by The Eleventh Circuit Court of Appeals held that a ruling from the Florida First District Court of Appeals (DCA) falls short of the clarity of the law to defeat a defense of qualified immunity. A …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
Article • May 15, 2007
Nine Month Delay in Bringing Mississippi Detainee Before Court Defeats Qualified Immunity by The Fifth Circuit Court of Appeals held jail officials at Mississippi's Hinds County Jail were not entitled to qualified immunity for failing to take a pretrial detainee before a court for nine months. The detainee was arrested …
Article • May 15, 2007
Florida Jail Detainee Entitled to Clean Cell, Medical Diet by A Florida Federal District Court held a pretrial detainee at the Monroe County Jail stated claims for unconstitutional conditions and medical treatment in his 42 U.S.C. § 1983 action. The matter was before the court after the magistrate judge recommended …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Article • May 15, 2007
Miscalculation of Sentence Defeats Summary Judgment by A Florida Federal District Court held that prison officials may be held liable for miscalculating a prisoner's release date and causing him to be detained beyond his sentence expiration. Former prisoner James S. McCurry brought suit under 42 U.S.C. section 1983 seeking monetary …
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