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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 …
$130,000 Settlement In Prison Employee Harassment Suit by In 1999, Thomas G. Bailor, filed a law suit against the Delaware Correctional Center MC, after he was forced to quit his job as an internal affairs investigator, for filing a report accusing prison guards of misconduct. Bailor, was investigating charges that …
Article • May 15, 2007
$98,500 Settlement In Jail Negligence Suit Prisoner Beating by Darrin Rvdberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was …
$450 Award in Prisoner Wrongful Keeplock Suit by $450 Award In Prisoner Wrongful Keeplock Suit Ignacio Rosado, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on "keeplock" status for 7-days. In 1999, a prison guard told Rosado …
Article • May 15, 2007
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • May 15, 2007
Use of Chemical Agents Not Per Se Unconstitutional by The Seventh Circuit Court of Appeals held that prison officials may use mace, tear gas, or chemical agents on prisoners when reasonably necessary to prevent riots or escapes or subdue recalcitrant prisoners. The class action suit filed by Wisconsin prisoner's alleged …
Article • May 15, 2007
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range that their action was punitive and not …
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