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Florida Jail Detainee Entitled to Clean Cell, Medical Diet

Article • May 15, 2007

Filed under: Medical, Failure to Treat, Food, Sanitation

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

Article • May 15, 2007

Filed under: Attorneys, Attorney Fee Awards, Social Security, Administrative Procedures Act (Federal), Equal Access to Justice Act

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 …

Miscalculation of Sentence Defeats Summary Judgment

Article • May 15, 2007

Filed under: Sentencing, Good Time, Wrongful Imprisonment, Qualified Immunity

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 …

MI Court Holds RLUIPA Constitutional

Article • May 15, 2007

Filed under: Gang Policies, Religious Discrimination, Federal Statutory Law, RLUIPA, Religion Defined

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) …

Sweat Patch Drug Test Admissible at BOP Parole Revocation Hearing

Article • May 15, 2007

Filed under: Drug Testing, Sentencing, Probation, Parole Conditions

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 …

Dismissal for Failure to Exhaust Reversed

Article • May 15, 2007

Filed under: Civil Procedure, Administrative Exhaustion

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 …

Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed

Article • May 15, 2007

Filed under: Court Appearances, Civil Procedure, Venue

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

Article • May 15, 2007

Filed under: Discrimination, Sex Offenders (Discrimination), Frivolous Litigation, Res Judicata, Civil Commitment

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 …

Dismissal of Jail Overcrowding Suit Affirmed on Appeal

Article • May 15, 2007

Filed under: Medical, Skeletal Injury, Overcrowding

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). …

Dismissal of Oregon Guard's Disability Claim Reversed

Article • May 15, 2007

Filed under: Guards/Staff, Employee Litigation, Disabled Employees

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

Article • May 15, 2007

Filed under: Medical, Medication, Misdiagnosis, Qualified Immunity, Failure to Treat (Mental Illness), Suicides

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 …

Dismissed §1983 First Amendment Claim Vacated and Remanded in Part

Article • May 15, 2007

Filed under: Retaliation, Retaliation for Filing Grievances, Legal Materials, Legal Mail

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 …

Drug Site Cleanup Fine Discretionary with Trial Court

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. …

Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape

Article • May 15, 2007

Filed under: Crime/Demographics, Escapes, Jury Instructions

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

Article • May 15, 2007

Filed under: Disciplinary Hearings, Disciplinary Litigation, Liberty Interests, Exercise, Ad-Seg Hearings, Denial of Religious Services

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 …

Probationer Waives Right to Counsel

Article • May 15, 2007

Filed under: Disciplinary Hearings, Counsel, Appointment of Counsel, Probation

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, …

§ 2241 Habeas Corpus Okay for Parolee's Bail Release

Article • May 15, 2007

Filed under: Sentencing, Parole, Habeas Corpus, Bail

§ 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 …

Prisoners Receive Damages for Beatings

Article • May 15, 2007

Filed under: Attorney Fee Awards, Guard Brutality/Beatings, Civil Procedure, Damages

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 …

Fugitive Disentitlement Rule

Article • May 15, 2007

Filed under: Tuberculosis, Crime/Demographics, Escapes, Appeals

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

Article • May 15, 2007

Filed under: Americans with Disabilities Act, Rehabilitation Act, Immunity/Liability, Qualified Immunity

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 …