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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 …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Removal Not Precluded By Single Eleventh Amendment Barred Claim by The United States Supreme Court held that a single claim barred by the Eleventh Amendment doctrine of sovereign immunity did not preclude removal to federal court. Keith Schacht, a former guard employed by the Wisconsin Department of Corrections, was fired …
Publication, Postage Stamp Ban States Claim by The Second Circuit Court of Appeals held the rejection of a prisoner's publication and refusal to allow him to receive postage stamps through the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton …
No Punishment for Possession of Radical Religious Literature by The Second Circuit Court of Appeals held a prisoner's complaint was sufficient to defeat summary judgment and require a trial. The civil rights action was filed by a New York prisoner who spent 7 of his 15 years in prison in …
Article • May 15, 2007
Florida Statute Decreasing Gain-Time Award Unconstitutional by The Supreme Court of Florida held that a revised gain-time statute was Constitutional as to increased gain-time award, but violated ex post facto as to decreased gain time award. Donald Waldrup, a Florida state prisoner sentenced to 15 years for 1980 and 1982 …
Work Release Removal May State Claim by The Seventh Circuit Court of Appeals held a prisoner's complaint that alleged due process and. equal protection claims relative to his removal from work release stated a claim. The civil rights action filed by a prisoner held at Illinois' Stateville Correctional Center sought …
Article • May 15, 2007
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Due Process Required In Florida Forfeiture Actions by The Supreme Court of Florida held that the Florida Contraband Forfeiture Act (FCFA) was constitutional as long as it was applied in comportment with state due process requirements. After his arrest on drug trafficking charges, the state initiated forfeiture proceedings against Charles …
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