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Article • May 15, 2007
Required DNA Submission Under Patriot Act Constitutional by The U.S. District Court for the District of Kansas held that the relevant portions of the Patriot Act, which require persons convicted of various felonies to submit a DNA sample for inclusion in the FBI's Combined DNA Index System (CODIS) database, were …
Article • May 15, 2007
Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action by Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action The United States District Court for the Central District of California, in ruling on a novel issue in the Ninth Circuit, held that a plaintiff in a …
NY DOCS Policy Possibly Violates ADA Prohibition Against Disability Inquiry by The U.S. Court of Appeals for the Second Circuit held that a New York Department of Correctional Services (DOCS) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Tenth Circuit: Indigent Plaintiffs Not Responsible For Service by The U.S. Court of Appeals for the Tenth Circuit held that when plaintiffs were granted in forma pauperis status, the district court was obligated to serve process for them. Plaintiffs Tom and Naomi Olsen brought action in the U.S. District Court …
Article • May 15, 2007
Imposition Of Constructive Trust To Collect Pension Benefits Prohibited by The U.S. Supreme Court held that a constructive trust imposed against the recipient of pension fund benefits in order to satisfy a monetary judgment against him violated the anti-alienation provision of the Employee Retirement Income Security Act of 1974 (ERISA). …
Article • May 15, 2007
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings by The U.S. Supreme Court held that a Pennsylvania prisoner had no constitutional right to court appointed counsel in postconviction proceedings nor was counsel required to comport with Anders procedures when withdrawing. A Pennsylvania trial court convicted Dorothy Finley of …
Article • May 15, 2007
Supreme Court Sets Standard for Stay of Injunctions by The United States Supreme Court held that a federal court should follow the general standards for staying a civil judgment when determining if a successful habeas corpus petitioner should be released pending appeal. The respondent, a New Jersey prisoner convicted of …
Article • May 15, 2007
General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases by General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases The United States Supreme Court has held that district courts considering 42 U.S.C. § 1983 claims should borrow a state's general or residual statute for …
Article • May 15, 2007
Oregon Prisons Ordered to Reduce Population to Design Capacity by An Oregon federal district court entered injunctive relief requiring prison officials at the Oregon State Penitentiary, the Farm Annex, and Oregon State Correctional Institution to bring the population at those prisons to design capacity. This class action suit alleged the …
Article • May 15, 2007
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
Article • May 15, 2007
Iowa: Due Process Not Violated In Disciplinary Proceedings by The Supreme Court of Iowa held that an Iowa state prisoner's due process rights were not violated by a prison disciplinary committee. After being charged with violating prison rules associated with the smuggling and dispensing of alcohol within the prison, Michael …
Article • May 15, 2007
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
Washington Parole Officers Liable For Negligent Supervision by The Supreme Court of Washington held that the Washington state parole board was entitled to absolute immunity in claims alleging the negligent release of state prisoners, but individual parole officers were entitled only to qualified immunity in claims alleging negligent supervision. Plaintiffs …
Prisoner-to-Prisoner Mail Ban Upheld But Can Be Unconstitutional by The United States Court of Appeals for the DC Circuit upheld a federal Bureau of Prisons (BOP) regulation prohibiting prisoner-to-prisoner correspondence. The court also invalidated a regulation authorizing the rejection of publications, finding that the regulation failed to satisfy the minimal …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was …
Article • May 15, 2007
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Article • May 15, 2007
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Article • May 15, 2007
Dismissal Of § 1983 Religious Name Change Claims Vacated by The U.S. Eighth Circuit Court of Appeals vacated and remanded a district court's dismissal of prisoners' § 1983 claims challenging refusal of the Arkansas Department of Corrections (ADC) to acknowledge their Islamic names. Plaintiffs, Arkansas state prisoners who converted to …
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