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Article • May 15, 2007
No Permanent Injury Requirement in Excessive Use of Force Claim by No Permanent Injury Requirement In Excessive Use Of Force Claim The U.S. Court of Appeals for the Fifth Circuit held that the infliction of numerous small cuts and bruises on a prisoner was sufficient to establish injury in Eighth …
Work Release Prisoners Employees for FLSA Purposes by The U.S. Court of Appeals for the Fifth Circuit held gnat prisoners in a work release program were "employees" under the Fair Labor Standards Act (FLSA) and that their rights under the 13th Amendment (which forbids slavery and involuntary servitude) were not …
Summary Judgment Precluded in Beating, Qualified Immunity for Hearing Officer by A New Jersey prisoner brought § 1983 action alleging violations of his constitutional rights. Defendant prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against …
Article • May 15, 2007
Law Library Must Provide Paper to Indigent Prisoners by Law Library Must Provide Paper To Indigent Prisoners The U.S. District Court for the District of Nevada held that a prison law library must provide paper to indigent prisoners. A Nevada state prisoner wrote a letter to the district court judge …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
Attorney Fee Award in New Jersey Jail Case by The U.S. District Court for the District of New Jersey held that Cape May County Jail prisoners, who won a consent decree in a jail conditions case, were the "prevailing parties" for the purpose of an attorney fee award under the …
Summary Judgment Precluded in Beating, Common Law Remedy for Confiscation Claim by A Pennsylvania prisoner brought a civil rights action against prison officials and guards alleging guard brutality and confiscation of his legal materials violated his constitutional rights. The U.S. District Court for the Eastern District of Pennsylvania held: 1) …
Article • May 15, 2007
Ad-Seg for Eleven Months Without Review States Due Process Claim by The Eleventh U.S. Circuit Court of Appeals reversing a Florida U.S. District Court,, held that a prisoner held in Administrative Segregation (Ad-Seg) for eleven months without any review of his close management (CM) status, stated a claim for relief. …
Attorney Fee Award in Illinois Medical Suit by The U.S. District Court for the Southern District of Illinois awarded $605,243.00 in fees to attorneys for prisoners at the Menard Correctional Center (MCC) in a case involving denial of medical care. MCC prisoners filed suit under 42 U.S.C. § 1983 and …
Article • May 15, 2007
Seventh Circuit Reverses Habeas Corpus Filed on Habitual Rules Violation by The U.S. Seventh Circuit Court of Appeals has vacated and remanded the dismissal of a prisoner's habeas corpus petition, 28 U.S.C. § 2254, demanding relief from the judgment of the Indiana Department of Corrections (DOC) decision that Montgomery was …
Sixth Circuit Reverses Jury in Retaliation Case, Verdict Was Unreasonable by The Sixth Circuit Court of Appeals has again reversed and remanded the U.S. District Court for the Eastern District of Michigan in a case involving a prison guard's retaliation against a prisoner and his mother. Stephen Neal was a …
Article • May 15, 2007
Tenth Circuit Reverses Dismissal on Prison Visitation Case by The Tenth Circuit Court of Appeals reversed and remanded the decision of a Kansas Federal district court dismissing the complaint of a prisoner and his wife over loss of visiting privileges. Kevin and Marsha Gray are married. Mr. Gray is African-American …
Article • May 15, 2007
Prisoners' Rights to Correspond and Marry Upheld by The U.S. Eighth Circuit Court of Appeals, upholding the U.S. District Court for the Western District of Missouri, affirmed the rights of prisoners to correspond and marry. The case was a 42 U.S.C. § 1983, class-action suit against the Missouri Department of …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Article • May 15, 2007
Harassment in Cell Searches Not Permitted by The U.S. Fourth Circuit Court of Appeals reversed and remanded the U.S. District Court of Virginia in a cell shakedown case involving destruction of a prisoner's personal property and legal material. Russell T. Palmer, Jr., a prisoner at the Bland Correctional Center in …
Article • May 15, 2007
Filed under: Searches, Cell Searches
Fourth Circuit Affirms No Privacy Right in Cell Searches by Virginia prisoner Russell Palmer sued Bland Correctional Center guard Ted S. Hudson for civil rights violations in intentionally searching his cell and maliciously destroying his property and legal work. The district court granted summary judgment to the officer, holding Palmer …
Muslim Prisoners' Right to Jumu'ah Denied by The U.S. District Court of New Jersey held that minimum security Muslim prisoners working outside a prison perimeter did not have a compelling right to be off work on Friday afternoons to attend Jumu'ah services, a form of Muslim congregational worship. Ahmad Uthman …
Article • May 15, 2007
Prisoners Have Right to Correspond and Marry by The U.S. District Court for the Western District of Missouri, in a class-action suit under 42 U.S.C. §1983, held that the Missouri Department of Corrections (DOC) policies prohibiting prisoner-to-prisoner correspondence and generally prohibiting prisoners from getting married, violated fundamental constitutional rights. The …
Article • May 15, 2007
Third Circuit Holds Right to Jumu'ah Services Outweighs Security Concerns by Reversing the District Court of New Jersey, the U.S. Third Circuit Court of Appeals held that material questions of fact precluded dismissal of prisoner-plaintiffs' claims that the New Jersey State Prison at Leesburg ("Leesburg") unfairly infringed on the constitutional …
Article • May 15, 2007
Supreme Court: Aliens Can Be Held Without Bail Pending Deportation by Supreme Court: Aliens Can Be Held Without Bail Pending Deportation The United States Supreme Court held 6-3 that provisions of the Immigration and Nationality Act (INA) limiting judicial review of the United States Attorney General's (AGs) discretionary decisions to …
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