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Article • May 15, 2007
Filed under: Family, Family Law
Nevada: Imprisonment Is Affirmative Defense To Felony Nonsupport by The Supreme Court of Nevada held that a father's imprisonment was an affirmative defense for nonpayment of child support but that a jury was justified in rejecting it. Paul Sanders was charged with failure to pay child support for a 33 …
Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Article • May 15, 2007
Second Circuit Grants Plaintiff IFP Status by The U.S. Second Circuit Court of Appeals held that a pro se plaintiff seeking to file civil rights actions should have been permitted to proceed in forma pauperis. Carl Potnick sought to file two pro se civil rights actions in district court and …
Article • May 15, 2007
US Supreme Court Held That Statutes Can Be Challenged Before Enforcement by The U.S. Supreme Court held that under the First Amendment plaintiffs have standing to mount pre-enforcement challenges to statutes and policies. The US Supreme Court's decision on a Virginia statute previously challenged in the Fourth Circuit by American …
Overcrowding, Bad Prison Conditions Enjoined by The court of appeals for the eighth circuit held that a district court erred when it dismissed a suit against a an Arkansas county jail. The court held the plaintiffs had presented sufficient evidence of a deficient diet, overcrowding, inadequate excercise, and forced exposure …
Article • May 15, 2007
Prisoner Conviction Upheld For Constructive Possession Of Weapon In Cell by The Indiana Court of Appeals upheld Fulton County prisoner Kristopher Abney's conviction for possessing material capable of causing bodily injury and affirmed his seven-year DOC sentence. Abney was found guilty at a jury trial and he appealed the conviction …
Article • May 15, 2007
Washington: Arrest For Tape Recording Police Unconstitutional, Police Liable by The U.S. Ninth Circuit Court of Appeals held that Washington State Patrol officers unconstitutionally arrested a man for tape recording them during a traffic stop and that the officers were not entitled to qualified immunity. Tony Alford was pulled over …
Sixth Circuit Affirms Summary Judgment Against Injured Prisoner by The U.S. Sixth Circuit Court of Appeals affirmed summary judgment granted by the U.S. District Court, Middle District of Tennessee, against a state prisoner stabbed by other prisoners. Harvey Hester, a Tennessee prisoner, sued Jack Morgan, warden of the Turney Center …
Article • May 15, 2007
Sixth Circuit Affirms Dismissal of Bivens Action Against Federal Agents by The U.S. Sixth Circuit Court of Appeals affirmed a Tennessee federal district court's dismissal of a Bivens claim against federal agents who allegedly destroyed a federal prisoner's property and denied him medical care. Thomas Harold Stiger, a federal prisoner, …
Article • May 15, 2007
$1,500 Paid in Beating By WA Guards by George "Fast Eddy" Miller was removed on October 24, 1988, from the visiting area at the State Reformatory at Monroe for suspicion of consuming alcoholic beverages. While in the strip-search room, he advised a guard that handcuffs were not necessary. Miller was …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by Douglas Krohne, a prisoner at Walla Walla,( Washington, filed a 42 U.S.C. §1983 action in the Western District of Washington federal court. He brought claims for the failure of prison officials failing to advise him …
Article • May 15, 2007
$12,500 Paid in WA Retaliation Claim By Guard by Donald Baker was an employee at Airway Heights Corrections Center when he requested a transfer to another position within the Washington DOC. He was advised by Associate Superintendent Larry Hines that he would be considered for a transfer only if he …
$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Article • May 15, 2007
$31,125 Paid in WA Prison Nurse's Supervisory Harassment and Libel Suit by Jayne Morse was employed as an LPN III at the Washington State Reformatory at Monroe. Her supervisor, Annette Beldon, ridiculed Morse in front of prisoner and filed fictitious complaints and published allegations of Morse's alleged criminal conduct. Beldon …
Article • May 15, 2007
Detainees Entitled To Contact Visits, To Be Present During Shakedowns by The U.S. Court of Appeals for the Ninth Circuit held that pretrial detainees were entitled to contact visits and to be present during cell searches. Pretrial detainees in the Los Angeles County Central Jail brought a class action § …
Article • May 15, 2007
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Article • May 15, 2007
Elevated Charges, No Lab Analysis Does Not Violate Due Process by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri state prisoner's due process rights were not violated as a result of disciplinary proceedings stemming from a possession of contraband charge. Prisoner Dale Holt was found …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Article • May 15, 2007
Filed under: Money/Property, Bail Bonds
Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution by Statute Requiring Remittance Of Forfeited Bond Violates Texas Constitution The Court of Criminal Appeals of Texas held that Article 2372p-3, Sec. 13 (b), V.A.C.S., which mandates the remittance of 95% of a forfeited bail bond if a defendant is jailed …
Written Statements Not A Substitute For Live Testimony by The U.S. District Court for the Eastern District of Michigan held that a Michigan state prisoner should have been allowed to (a) call witnesses at his disciplinary hearing and (b) review documents relevant to the disciplinary charge. Wesley King was charged …
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