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State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
State Law No Immunity for Attorney Fee Awards by The Ninth Circuit Court of Appeals has affirmed a California District Court's order awarding interest on attorney fees previously awarded, additional fees expended to enforce the first award, and requiring the State Controller to issue an award to the State Treasurer …
Article • May 15, 2007
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Alabama Prison Conditions Unconstitutional by A district court in Alabama declared the conditions of confinement in Alabama state prisons unconstitutionally cruel and unusual in a class- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 …
Article • May 15, 2007
Dismissal for Failure to Exhaust Remedies Vacated by The U.S. Court of Appeals, Third Circuit, vacated and remanded a district court dismissal, under 42 U.S.C. §1997e(a), of a Pennsylvania state prisoner's 42 U.S.C. §1983 suit. Larry L. Greer sued Pennsylvania prison officials under 42 U.S.C. §1983 claiming violations of his …
No Liberty Interest in Virginia Jail Work Release by The court of appeals for the Fourth Circuit held that the Riverside Regional Jail Authority in Virginia is a municipal agency and not a branch of state government, therefore they are to entitled to Eleventh amendment immunity from suit. The court …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment by Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment A district court in Wisconsin entered an injunction enjoining prison officials from restricting correspondence between a prisoner and his sister-in-law. Morales v. Schmidt, …
Article • May 15, 2007
Dismissal with Prejudice Vacated; Plaintiff Ordered to Replead by The Second U.S. Circuit Court of Appeals vacated dismissal with prejudice of a New York State prisoner's medical claims and instructed the district court to dismiss without prejudice to the filing of a second amended complaint. Fernando Pratts, a New York …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
Article • May 15, 2007
Florida: Federal Court Awards Jail Builder $2,300,677 In Contract Action by A construction company tired to build a Volusia County branch jail in Daytona Reach, Florida, was awarded $2,300,677 for extra work the company was required to perform and for the outstanding balance on the contracted construction price. Plaintiff Noonan-South, …
Article • May 15, 2007
Florida: Assaulted Escambia County Prisoner Awarded $1,000,000 by In this case published by the Florida. Jury Verdict Reporter in October 1989, an Escambia County, Florida, jury awarded $1,000,000 to a man who suffered organic brain damage and paralysis after being attacked by another prisoner in an. Escambia County jail. In …
Article • May 15, 2007
Florida Good Time Statute Ruled Ex Post Facto by The Supreme Court ruled that a retroactively applied Florida good time statute was unconstitutional. The ruling came in response to Florida's decision to repeal and replace a previous good time statute with one that substantially reduced the amount of good time …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
Article • May 15, 2007
Mailroom Employee's Actions Not Due Process Violation by A Nebraska prisoner brought suit under 42 U.S.C. § 1983 alleging that prison officials violated his constitutional rights under the Fourteenth Amendment by denying him property without due process of law. The suit was filed in response to legally ordered craft materials …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Article • May 15, 2007
Oregon DSU Conditions Unconstitutional by An Oregon federal district court, after trial and personally visiting the Disciplinary Segregation Unit (DSU) at Oregon State Prison, held DSU conditions are unconstitutional. A prisoner confined to the DSU, who gained 60 pounds while in DSU, has a recorded medical history of hypertension, epilepsy, …
Article • May 15, 2007
Prison Officials Entitled to Qualified Immunity for Interfering With Mail by The Supreme Court ruled that prison officials are immune to liability for damages under 42 U.S.C. § 1983. The suit was brought be a California prisoner alleging that prison officials violated his First and Fourteenth Amendment rights by negligently …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
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