No Brady Violation in Prison Disciplinary Hearing; Videotape Inconclusive by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court, Northern District of Indiana, denied habeas corpus relief to a state prisoner challenging a disciplinary hearing that revoked his good-time credits, where the prisoner alleged that prison officials …
Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional by Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional On September 16, 2004, the U.S. Seventh Circuit Court of Appeals held that Indiana jail officials did not violate prisoners' constitutional rights by telling them to wash their hair …
Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
Indiana Prisoner's CAB Conviction for Tobacco Trafficking Supported by Evidence by The U.S. Seventh Circuit Court of Appeals affirmed the U.S. District Court for the Southern District of Indiana in denying habeas corpus relief to an Indiana prisoner convicted of tobacco trafficking in a prison disciplinary hearing. Tim Godby, an …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
Indiana Prisoner's Tobacco Trafficking Conviction Upheld; Habeas Corpus Denied by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, denied habeas corpus relief to an Indiana state prisoner convicted of trafficking in tobacco. James Hupson is a prisoner at the Miami …
Indiana's Habitual Offender Rule Questioned by Seventh Circuit by In an unpublished order by the U.S. Court of Appeals for the Seventh Circuit, a district court's denial of an Indiana prisoner's §2254 motion was vacated and court-appointed counsel was allowed to withdraw. Jerry Montgomery, an Indiana prisoner who had incurred …
Indiana Arrestee Strip Searches Unconstitutional by The Supreme Court of Indiana held that routine warrantless strip searches of misdemeanor arrestees, even when incident to lawful arrests, are violative of the Indiana Constitution and the Fourth Amendment. This criminal case was before the court on a motion to suppress cocaine found …
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 …
Final Settlement Approved In Indiana Strip Search Suit by On December 4, 2002, the U.S. District Court for the Southern District of Indiana granted final approval of a settlement agreement involving plaintiffs who were illegally strip-searched upon their imprisonment in the Floyd County Jail. The settlement included individual compensation, costs, …
Indiana Law Prevents Prisoners From Direct Access to Personal Medical Records by An Indiana Appellate Court has held that Indiana Department of Correction (IDOC) policy that restricts a prisoner's personal access to personal medical records does not violate state law or due process. This class action suit brought by prisoner …
Indiana Publication Ban Struck Down by The Seventh Circuit Court of Appeals has affirmed a District Court's order that found the Indiana Department of Corrections' regulations that censored literature prisoners could receive was overbroad and violated the First Amendment. Under the regulations, prison officials excluded, inter alia, Dosteovsky's The Gambler, …
$50,171 for Indiana False Arrest and 30 Hours Confinement by A federal jury in Indiana awarded a woman $30,171 in compensatory damages and $20,000 in punitive damages for false arrest and confinement for 30 hours. On September 19, 2002, Jennifer Wert entered the intersection of Emerson Avenue and I-70 in …
Indiana DOC Employee's 4th Amendment Rights Not Violated by Mandatory Psych Evaluation by Kristin Greenawalt, a research analyst for the Indiana Department of Corrections for two years, was suddenly required to submit to a psychological examination or lose her job. She submitted to the exam, which lasted two hours and …
Door Slamming Suit Dismissed by The Indiana plaintiff complained that an guard slammed a food service slot on his hand. The guard said the plaintiff tried to throw trash through the opening, that he didn't know the plaintiff's hand was in the opening, and it was an accident. The defendant …
Jail Confiscation of Personal Bible Upheld by The plaintiff, on admission to jail, had his New International Version Bible confiscated per a policy that prohibits retention of personal reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials …
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: …
Buford-Lewis v. Marion County, IN, Complaint, jail conditions, 2007 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 1 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 2 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 3 of 9 Case 1:07-cv-00527-SEB-DML Document 1 Filed 04/26/2007 Page 4 of 9 Case …
Indiana Justice Agency Head Fired for Misallocating $417,000 in Funds by Michael Rigby On May 26, 2006, the executive director of Indiana's Criminal Justice Institute was fired for misallocating $417,000 in grant money earmarked for a program to help the children of prisoners. Heather Bolejack, 31, allegedly funneled the money …
