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CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
Article • May 15, 2007
CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates by CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates In 2003-04, California prison guards received a pay raise of 6.8%. Due to financial problems with the state Dept. of Personnel Admin. (DPA), …
Qualified Immunity for Sex Offender Cavity Searches by The plaintiff sex offenders alleged that they were harassed because of their status and were subject to retaliatory body cavity searches. Injunctive relief was not appropriate because there was no allegation that the misconduct was ongoing. Declaratory relief is inappropriate for the …
PA Female Lt. Awarded $37,234 in Faulty Sex Termination by A female Lieutenant at the Allegheny County Jail was awarded $37,234 and reinstated to her job after a County Personnel Board found she was improperly terminated for allegedly having sex with a prisoner. While in the Allegheny County Jail, prisoner …
Article • May 15, 2007
$35,000 Settlement in Maine Jail Strip-Search Case by After he was arrested on a misdemeanor charge, Geoffrey V.V. Wood was strip-searched at Maine's Hancock County Jail. Wood filed suit, alleging the strip search procedures were illegal and unconstitutional. He settled his lawsuit in May 2004 for $35,000. See: Wood v. …
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Sati by AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed …
Article • May 15, 2007
Federal Law Requiring Felons Submit DNA Sample Constitutional by The Sixth Circuit Court of Appeals has held that a federal statute, 42 U.S.C. § 14135a, that requires persons convicted of federal felonies to submit a DNA sample is constitutional. That ruling comes in the appeal of Bobbie J. Conley, who …
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical in most instances, not the title" of a "disciplinary rule"(DR). That ruling comes in the appeal of a …
Article • May 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of …
Article • May 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the …
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That by NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender …
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York …
Article • May 15, 2007
Court Rejects Cold Cell BOP Suit by The plaintiff said he was locked in a cell so cold that at times he could see his breath, his knees swelled and his arthritis worsened, and he suffered severe stress, anxiety, and panic attacks. He sued under the Federal Tort Claims Act …
Article • May 15, 2007
Jail Immune in Alcohol Withdrawal Death by The decedent was arrested for DUI and died in jail about 18 hours later. An autopsy found that he died from an arrhythmia resulting from an electrolyte imbalance caused by fatty liver. The court assumes that alcohol withdrawal is a serious medical need, …
Article • May 15, 2007
No Liability for Attack on Prisoner Collaborator by Segregation prisoners flooded their cells in protest over not receiving clean linens; the plaintiff was ordered to mop up the water. The other prisoners kicked and banged on their cell doors and threatened him. The defendants let another prisoner out of his …
Article • May 15, 2007
Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …
Article • May 15, 2007
Police Force Claim Not Barred by Heck by The plaintiff's use of force claim is not barred under Heck and Preiser by her guilty plea to resisting arrest. The court is not persuaded by defendants' argument that the punch in the face of which plaintiff complains was the arrest. The …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Article • May 15, 2007
Class Certification Can Be Bifurcated for Liability and Damages by The court rejects the Fifth Circuit rule that an action cannot be certified under Rule 23(b)(2), Fed.R.Civ.P., if the class claims include compensatory and punitive damages other than "incidental" damages. (These are damages that are capable of objective calculation and …
Article • May 15, 2007
Prisoner Suit Filed When Mailed to Court by Prisoner Suit Filed When Mailed to Court The plaintiff's suit was filed, tolling the limitations period, when his mailed complaint was received by the district court, even though it was returned to him for a failure to comply with local rules (i.e., …
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