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Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Article • May 15, 2007
Heck Does Not Bar Damage Suit Alleging Violation of Extradition Procedures by The Eleventh Circuit Court of Appeals held a 42 U.S.C. section 1983 suit seeking damages and declatory relief for the violation of a state prisoner's federally protected extradition rights was not barred by Heck v. Humphrey, 512 U.S. …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
Article • May 15, 2007
Videotape Evidence Properly Admitted in Prisoner's Beating Trial by The U.S. Third Circuit Court of Appeals, affirming the U.S. District Court, Western District of Pennsylvania, held that the district court did not err in admitting a videotape of the location where an attack took place, and that even if admitting …
WI PLRA Allows Access to Release Account Funds by A Wisconsin appeals court held that the state's Prison Litigation Reform Act (PLRA), Wis. Statute 801.02(7), allows access to funds in prisoners' release accounts. The court further held that if a prisoner has filed three frivolous actions in either state or …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Additional Drug Tests Not Required to Satisfy Due Process by The U.S. Tenth Circuit Court of Appeals, affirming the U.S. District Court for the Western District of Oklahoma, held that due process does not require that prison officials perform additional drug testing when a prisoner tests positive for illegal drugs …
Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
Article • May 15, 2007
Dirty Cop's Racketeering Sentence Upheld by The U.S. Fourth Circuit Court of Appeals upheld the sentence imposed by the U.S. District Court for the Western District of Virginia on a police officer convicted of racketeering. The police officer had challenged the factual findings by the court to impose the sentence. …
Dismissal of Prisoner's Access to Courts, Due Process Claims Erroneous by The U.S Court of Appeals for the Eleventh Circuit held that a U.S. District Court improperly dismissed a prisoner's pro se federal civil rights action. Plaintiff, a Georgia state prisoner, brought federal civil rights action against prison officials alleging …
Eighth Circuit Reverses Dismissal for Consideration Under McKune v. Lile by The U.S. Eighth Circuit Court of Appeals reversed the dismissal of a Missouri prisoner's suit, holding that qualified immunity does not shield officials from equitable relief and that the prisoner's suit raised issues that must be considered in light …
Article • May 15, 2007
Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment by Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment The U.S. Sixth Circuit Court of Appeals affirmed the U.S. District Court for the Middle District of Tennessee in denying a Tennessee Department of Corrections (TDOC) prisoner's claim that exposure to …
Article • May 15, 2007
Filed under: Sentencing
Fla DOC Cannot Alter Concurrent Sentence by The Florida Supreme Court held the Florida Department of Corrections (FDOC) must comply with the terms of a court's sentencing order and cannot refuse to carry it out. A Florida prisoner received a 13-year habitual offender sentence to run concurrent and conterminous with …
Article • May 15, 2007
Fla. Prisoners Have Liberty Interest to Remain in General Population by The Fifth Circuit Court of Appeals (now the 11th Circuit) and the Florida Department of Corrections (FDOC) had implemented regulations that created a liberty interest to remain free of segregation. This 42 U.S.C. §1983 action was filed by a …
Article • May 15, 2007
Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" by Visitor Passing Through Metal Detector Partly Disrobed Not "Strip Search" The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Arkansas, held that a state prison guard's requirement that an eight-year-old female …
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