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Article • May 15, 2007
Summary Judgment Reversed on Former Prisoner's Gender Dysphoria Claim by The Ninth U.S. Circuit Court of Appeals, in a split decision, reversed a grant of summary judgment to California prison officials in a claim brought by a former state prisoner alleging that officials were deliberately indifferent to her gender dysphoria. …
Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Article • May 15, 2007
Filed under: Sentencing, Parole
Colorado DOC Miscalculates Parole Eligibility Date by The Colorado Court of Appeals has found that the Department of Corrections (DOC) miscalculated a prisoner's sentence reduction credits for crimes committed before the 1979 change in law. Ronald Vashone-Caruso, in his fourth decade of a 94 years-to¬-life sentence, sought a declaratory judgment …
Disciplinary Findings Do Not Preclude Subsequent Factual Litigation; QI Denied by A Federal District Court in Michigan has held that findings made in prisoner disciplinary hearings should not be given preclusive effect when litigating factual issues in § 1983 claims. Qualified immunity was denied as untimely. Arthur Johnson claimed James …
Dismissal and QI Denied in Cross-Gender Pat Searches by The Federal District Court in Connecticut has found that fact issues remain regarding the constitutionality of cross gender pat searches and whether appropriate steps were taken to protect a female prisoner after she reported sexual assaults by a guard. Qualified immunity …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
New Jersey DOC Must Clarify Disciplinary Hearing Record by The Supreme Court of New Jersey remanded a prison disciplinary proceeding to the state Department of Corrections for clarification of whether a prisoner was denied the opportunity to cross-examine and confront witnesses. Gallimore McDonald, a New Jersey state prisoner, was charged …
Article • May 15, 2007
9th Circuit Invalidates Prisoner-to-Prisoner Mail Ban by The Ninth Circuit Court of Appeals held that a complete ban on prisoner-to-prisoner mail violated the First Amendment rights of both prisoners. The court also held that a Washington state prisoner did not have a constitutional right to the services of a prison …
Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition by Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition The U.S. District Court for the District of Arkansas held that Arizona Department of Corrections (ADOC) "programs or activities" received federal funds for 'purposes of a prisoner's …
Article • May 15, 2007
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Article • May 15, 2007
No Constitutional Right Created By State Jail Standards by The U.S. Fifth Circuit Court of Appeals held that Texas jail standards did not create a constitutional right and therefore were not enforceable under 42 U.S.C. § 1983. The Texas Commission on Jail Standards was created by the Texas Legislature to …
South Dakota Prison Conditions Unconstitutional by The Eighth Circuit Court of Appeals held that double ceiling may violate the Eighth Amendment in light of other serious deficient conditions of confinement, and a district court may use expert testimony to set prison maximum capacity. This was a class action filed by …
Retaliation Claim Does Not Precede Exhaustion of State Administrative Remedies by The U.S. Second Circuit Court of Appeals on remand from the U.S. Supreme Court determined that a prisoner's retaliation claim was required to be preceded by exhaustion of state administrative remedies. Robert Lawrence, a prisoner at Otisville State Prison …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Article • May 15, 2007
Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail by The U.S. Third Circuit Court of Appeals held that pretrial detainees have a liberty interest in remaining at a local jail, but convicted prisoners have no right to stay at a given prison. In May 1973, the warden and …
Fact Issues Preclude Summary Judgment In Prisoner Rape Case by The United States District Court for the District of Maine held that fact issues precluded summary judgment of a sexually assaulted prisoner's § 1983 lawsuit. Plaintiff Linda Faas alleged that while she was in the Washington County Jail (Maine), she …
Article • May 15, 2007
Ban on "Communist Political Propaganda" Violates First Amendment by Ban on "Communist Political Propaganda" Violates First Amendment The U.S. Supreme Court held that the First Amendment is violated by a statute requiring postal service officials to detain and destroy unsealed mail from foreign countries determined to be communist political propaganda …
Article • May 15, 2007
Cause Of Action For Monetary Damages Available Under Montana Constitution by The Montana Supreme Court held that the Montana Constitution provided a cause of action for money damages for certain violations of rights guaranteed by the state constitution and that qualified immunity was not available for those committing such violations. …
Discipline for Content of Outgoing Mail Reversed by The United States District Court for the Southern district of New York held that prison officials violated a New York prisoner's First Amendment rights of expression by censoring his outgoing mail and disciplining him for complaints about prison conditions and officials in …
Article • May 15, 2007
Attorneys Not Entitled To Meet With Cooperating Witnesses by The U.S. Seventh Circuit Court of Appeals held that a legal aid organization and its potential clients (witnesses who were cooperating with. police) had no right requiring the police to inform the client that an attorney representing them was at the …
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