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Article • May 15, 2007
Puerto Rican Jail Ordered Closed by A federal district court in Puerto Rico ordered a jail closed within 20 days. The jail was a former military fort built in 1848 and was used as a county jail. The jail was a leaking fire trap with leaking plumbing and roofs, exposed …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
Article • May 15, 2007
BOP Ordered to Provide Kosher Diet by A federal district court in Pennsylvania issued a Temporary Restraining Order (TRO) requiring the federal Bureau of Prisons to provide a Hassidic Jewish prisoner with a kosher meal during Passover. The court found the BOP's attempt at providing kosher meals deficient and ordered …
Jury Interrogatories Reviewed for Plain Error by The court of appeals for the Second circuit held that jury interrogatories are reviewed for plain error and will be reversed even if a party did not object at the trial level, if the instructions affected the proceedings. Plaintiff was a mentally ill …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Attorney Fee Award Increased in Conditions Case by The court of appeals for the Fourth circuit upheld a lower court's grant of attorney fees higher than the lawyer's normal rates due to the complexity of the case. The fee award in this class action conditions case in South Carolina totaled …
Article • May 15, 2007
County Liable for Attorney Fees in Jail Contempt Sanction by The court of appeals for the Fourth circuit affirmed a district court ruling filing officials of the Dorchester county jail in Maryland in contempt over jail conditions and liable for plaintiffs' attorney fees. Jail prisoners filed suit over jail conditions …
Article • May 15, 2007
Class Certification Confers Subject Matter Jurisdiction by The court of appeals for the Fifth circuit held that a district court erred when it dismissed a class action suit against the Adams county jail in Mississippi for lack of subject matter jurisdiction. The appeals court held that courts must reach the …
Overcrowding Must Cause Harm to Be Actionable by The court of appeals for the Sixth circuit largely reversed a district court's injunction over conditions at the Knox county jail in Knoxville, Tennessee, holding there must be a causal connection between overcrowding and bad conditions. The district court issued an injunction …
Article • May 15, 2007
Confiscation of Legal Papers States Claim by The court of appeals for the Second circuit reversed the FRCP 12(b)(6) dismissal of a prisoner's § 1983 action against New York state prison officials who confiscated his legal papers. The court held that access to the courts is a substantive right rather …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
Article • May 15, 2007
Filed under: Medical, Abortion, Injunctions
Right to Elective Abortions by The court of appeals for the Third circuit upheld a lower court injunction requiring jail officials to provide female prisoners with elective abortions upon request. The suit was filed as a class action suit against the Monmouth County Correctional Institution in New Jersey over its …
Article • May 15, 2007
Attorney Fees Awarded in Legal Mail Suit by An Indiana jail detainee successfully challenged a jail policy of opening legal mail outside his presence. Prisoner was the prevailing party with a nominal damages award. Court awarded plaintiff $2,727 in attorney fees and costs. Court also awarded defendant sheriff $1,810 in …
Fire Hosing Prisoners Damage Award Affirmed by The court of appeals for the Eighth circuit affirmed a trial court verdict of liability and damages of $50, $750 and $100 to Nebraska prisoners who were sprayed with a high pressure fire hose. The court held that the injuries from the hosings …
Article • May 15, 2007
Jury Instructions on Eighth Amendment Claim by The court of appeals for the Eighth circuit held that a district court erred in sua sponte awarding nominal damages to a Missouri prisoner after a jury found his Eighth amendment rights had been violated by a guard who slammed a food service …
Article • May 15, 2007
Prevailing Pro Se Prisoners Entitled to Costs, But Not Fees by Successful pro se prisoner litigants are entitled to costs under FRCP 54(d). They are not entitled to attorney fees under 42 U.S.C. § 1988. A Female prisoner in Missouri and prison employee she later married filed suit claiming they …
Article • May 15, 2007
Special Master Authority Limited by The court of appeals for the Ninth circuit granted a writ of mandamus to prison officials, holding the lower court lacked jurisdiction to order California prison official defendants to allow a special master to inspect the New Folsom prison, a prison not encompassed by the …
Article • May 15, 2007
Court Questions Prison Administrative Remedies by The court of appeals for the Eighth circuit held that a federal prisoner in Missouri's lawsuit should be stayed while he exhausted administrative remedies. This is no longer good law since the PLRA was enacted. Court's comment is useful: "We question whether any adequate …
Article • May 15, 2007
Cost Bills Must Be Opposed in Timely Manner by The court of appeals for the Seventh circuit held that failure to oppose a bill of costs within the FRCP's time limits waive any objections to the costs. The court held, in this Indiana case, that prisoners per se are not …
No Attorney Fees for Prisoner Paralegal by The court of appeals for the Eighth circuit held that a Nebraska prisoner paralegal was not entitled to attorney fees under 42 U.S.C. § 1988 after he successfully challenged prison law library adequacy. Prisoner was awarded limited costs, affirmed on appeal. See: Davis …
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