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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 …
Article • May 15, 2007
Forcible Administration of Antipsychotic Medication Doesn't Violate Due Process by The U.S. Fourth Circuit Court of Appeals affirmed the U.S. District Court for the District of Maryland in holding that state prison officials' forcible administration of antipsychotic medication to a prisoner did not violate the prisoner's right to due process. …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
Tennessee: Punitive-Based Administrative Segregation States Claim by In this case involving the appeal of a disciplinary ruling, the Tennessee Court of Appeals held that because a prisoner's placement in administrative segregation appeared to be punitive, his petition for common law writ of certiorari stated a claim. Eric Woodruff, a prisoner …
Texas County Liable in Juvenile's Jail Suicide by A Texas federal District Court held that Harris County can be held liable in the suicide of a teenager at the County's Juvenile Detention Westside Command Center, known as Delta 3 Boot Camp. The juvenile had threatened on several occasions over his …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Texas Court of Criminal Appeals Severely Curtails Habeas Corpus by The Texas Court of Criminal Appeals has held that the state post- conviction petition for a writ of habeas corpus under Article 11.07, Texas Code of Criminal Procedure, is limited to matters that could not have been raised on direct …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Article • May 15, 2007
Wisconsin: PLRA Does Not Apply to Out of State Prisoners by A Wisconsin appellate court held that a Wisconsin prisoner held at a private out-of-state prison or jail is not a "prisoner" as defined by Wisconsin's Prison Litigation Reform Act (PLRA). First, the court determined that the definition of "correctional …
Article • May 15, 2007
5th Circuit Remands for Reassessment of Attorney Fees by The U.S. Court of Appeals for the Fifth Circuit held that a prisoner's state assault and battery claim was not merged with his § 1983 claim, the district court erred in limiting attorney fees, and the county was liable for attorney …
§1983 Remedies Only Federal Law, Right to Witnesses at Hearing by After a New York state prisoner brought a §1983 action alleging constitutional violations at his prison disciplinary hearing, the U.S. District Court for the Western District of New York held: 1) The prisoner's civil rights were not violated by …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
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