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MI Court Holds RLUIPA Constitutional by A Michigan Federal Court held the religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, 42 U.S.C. section 2000cc, is constitutional. Members of the Melanic Islamic Palace of the Rising Sun brought this class action suit after the Michigan Department of Corrections (MDOC) …
Article • May 15, 2007
Sweat Patch Drug Test Admissible at BOP Parole Revocation Hearing by The Eighth Circuit Court of Appeals held that laboratory reports may be admitted into evidence at a federal parolee's revocation hearing without accompanying expert testimony. The Missouri parolee's supervised release revocation hearing ensued after he tested positive for cocaine …
Article • May 15, 2007
Dismissal for Failure to Exhaust Reversed by The U.S. Court of Appeals, Ninth Circuit, reversed a federal district court's dismissal of a California state prisoner's 42 U.S.C. §1983 complaint. Alonzo Lee Taylor appealed the judgment of a federal district court where the court dismissed Taylor's second amended complaint (SAC) on …
Article • May 15, 2007
Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed by In this case involving a prisoner's pro se petition for writ of certiorari, the Tennessee Court of Appeals held that the trial court improperly dismissed the petition for failure to appear and prosecute. Eddie Williams, a prisoner in the …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
Article • May 15, 2007
Dismissal of Jail Overcrowding Suit Affirmed on Appeal by Affirming the U.S. District Court of Oklahoma's decision, the Tenth Circuit Court of Appeals held that a prisoner's complaint that jail overcrowding caused his injuries was properly dismissed. Lavoy L. Stevenson was a prisoner at the Oklahoma County Detention Center (OCDC). …
Article • May 15, 2007
Dismissal of Oregon Guard's Disability Claim Reversed by The Court of Appeals of Oregon held that genuine issues of material fact precluded summary judgment of a former jail guard's disability claim. Scott Evans, a guard employed by the Multnomah County Sheriff's office, had heart surgery and was placed on an …
Doctor Granted Qualified Immunity in Texas Prisoner's Suicide by The Fifth Circuit Court of Appeals held a psychiatrist at the Coffield Unit of the Texas Department of Corrections is entitled to qualified immunity in the suicide death of a prisoner. The prisoner had a history of psychological problems and was …
Article • May 15, 2007
Dismissed §1983 First Amendment Claim Vacated and Remanded in Part by Dismissed §1983 First Amendment Claim Vacated and Remanded in Part The U.S. Seventh Circuit Court of Appeals vacated and remanded part of an Illinois prisoner's 42 U.S.C. §1983 suit, which an Illinois federal district court had dismissed for failure …
Article • May 15, 2007
Filed under: Sentencing
Drug Site Cleanup Fine Discretionary with Trial Court by The Washington Court of Appeals, Division 3, held that the imposition of a drug site cleanup fine was discretionary with the trial court. William Wood was arrested and charged with manufacturing methamphetamine at his place of residence in Spokane County, Washington. …
Article • May 15, 2007
Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape by The en banc Tenth Circuit Court of Appeals held that a prisoner convicted as a principle to possession of escape paraphernalia waived a defense of duress, and that failure to give instructions on that defense was not plain …
37 Days Disciplinary Segregation Without Hearings Not Atypical and Significant Hardship by The Eighth Circuit Court of Appeals held that the deprivation of exercise, religious services and contact visits for 37 days is not a due process violation, nor is the failure to provide a hearing before placement in disciplinary …
Article • May 15, 2007
Probationer Waives Right to Counsel by The Ninth Circuit Court of Appeals determined that a federal probationer could waive his constitutional right to counsel as given by 18 USC § 300A and the U.S. Constitution. This ruling applies to modification hearing as well. It is well established that Federal probationers, …
Article • May 15, 2007
§ 2241 Habeas Corpus Okay for Parolee's Bail Release by The Seventh Circuit determined that a federal parolee could file a petition for writ of Habeas Corpus under § 2241 for his release on bail, while his revocation proceedings were still pending. Vincent Molina was a federal parolee who violated …
Article • May 15, 2007
Prisoners Receive Damages for Beatings by Two prisoners, John Furtado and Gerald Sousa brought a civil rights suit under § 1983 against prison officials, at the Massachusetts Correctional Institution. Both Furtado and Sousa were beaten by guards. Furtado's injuries required hospitalization. Both men sought redress. When prison officials retaliated against …
Article • May 15, 2007
Fugitive Disentitlement Rule by The Eighth Circuit Court of Appeals held that the fugitive from justice rule does not mandate the automatic dismissal of a civil case under the fugitive rule. In May 1987, James Perko, while confined at a Missouri State Penitentiary, brought suit under § 1983 for deliberate …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
$1.75 Million Awarded In Ex Prison Guard Sexual Harassment Suit by Joyce K. Broughton, a former prison guard at the Colorado Women's Correctional Facility (CWCF), in Canon City, filed a law suit against CWCF, alleging that her supervisors sexually harassed her on the job. Broughton, started working at CWCF on …
Article • May 15, 2007
Filed under: Medical, Podiatry
$500 Award in Sing Sing Medical Neglect Suit by $500 Award In Sing Sing Medical Neglect Suit Willie Sykes, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against the State of New York, claiming that the SSCF medical staff failed to treat him …
$200,000 Awarded to Prison Nurse for Wrongful Termination by $200,000 Awarded To Prison Nurse For Wrongful Termination Joan Gilles, a 67-year old former prison nurse at the Northern Maine Juvenile Correctional Facility (NMJCF), in Charleston, filed a law suit against Prison Health Services (PHS), a company that provides medical services …
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