Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Hebrew Israelite Prisoner Fails to Show Medallion is Religious by The plaintiff, a Hebrew Israelite, was deprived of his gold leaf medallion; a Catholic priest said he'd never heard of a religion that used a gold leaf medallion, and several Muslims said it was not a religious emblem. The plaintiff …
Clemency Challenge Must be Under Habeas by The plaintiff, scheduled for execution, complained that the Governor who passed on his clemency application was the Attorney General at the time of prior proceedings in his case. Since his underlying claim in the clemency application concerned error at trial, the relief he …
Prosecutor Immune from Suit Where Charges Dropped on Appeal by The plaintiff was prosecuted and convicted of assault on a staff member and sentenced to an additional eight months in jail; on appeal the charges were dropped. The plaintiff sued the prosecutor and those who brought the charges. The prosecutor …
Administrative Exhaustion Required in Suits for Damages by The PLRA exhaustion requirement extends to damage cases even when the administrative remedies don't provide damages The court resorts to the dictionary for definitions both of "available" and of "remedy"; the latter is defined as "to rectify," to "put right," or as …
Fee Award Against Frivolous Prisoner Litigant Reduced by The court had awarded fees of almost $2900 against the plaintiff after ruling against him on the merits of his claims. The Fourth Circuit reversed and held that the 12 factors listed in Johnson v. Georgia Highway Express must be applied. The …
Beating Claims Must Be Exhausted by The PLRA exhaustion requirement applies to use of force claims The plain meaning of "prison conditions" encompasses such claims ("conditions" defined as "restricting, limiting, or modifying circumstances") However, some courts think there is an ambiguity, so the court looks to Congressional intent In § …
Peruvian National’s Extradition Ordered for Killing Innocent Children, Civilians by The U.S. Department of Justice (DOJ) appealed a 2005 U.S. District Court ruling that prevented the extradition of Peruvian national Wilmer Ordinola. The DOJ argued that his heinous crimes against innocent children and civilians did not fall under the political …
Attorney Fees Recoverable in Privacy Act Cases With No Actual Damages by On January 24, 2006, the Fourth Circuit Court of Appeals held that a plaintiff who prevailed in an action seeking damages under the Privacy Act, 5 U.S.C. § 522a(b), but did not prove any actual damages, could nonetheless …
Muslim Virginia Prisoner Entitled to 2,200 Calories During Ramadan by A federal district court has issued a preliminary injunction requiring the Virginia Department of Corrections (VDOC) to provide a Muslim prisoner with “food items containing 2,200 calories” daily during Ramadan, a month-long period of religious fasting. This action was brought …
PLRA Applies to Immigration Detainee’s Conditions Suit by The plaintiff is an INS detainee. The court says that his failure to exhaust administrative remedies pursuant to the PLRA is sufficient reason to dismiss, contrary to other courts that have held immigration detainees not to be prisoners under the PLRA. The …
Limited Discovery Allowed in Prisoner Assault Claim to Show Supervisory Liability by At 575-76: ... [T]here is a complex intersection between qualified immunity and supervisory liability. If a plaintiff can establish the requisite indifference in the face of a policy or widespread and pervasive abuses caused by a policy, the …
Voluntary Dismissals Subject to PLRA by The plaintiff sought voluntary dismissal The court says such a motion doesn't absolve him of the consequences of his actions under the PLRA, and notes his prior pattern of seeking voluntary dismissal (7 of 20 cases), characterizing it as "strategic" and done after court …
Exclusion of Prisoners from Virginia FOIA Upheld by The plaintiff sued the county court clerk for refusing to make a recording of a 911 call available for copying and inspection, and challenged the exclusion of prisoners from the Virginia Freedom of Information Act. The Burford abstention doctrine does not require …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Virginia Police Department Record of Criminal Case Disposition Not Subject to Public Record Request by The Attorney General of Virginia has opined that a city police department that maintains a record of all persons tried in municipal court of the city for whether the party was convicted or acquitted, and …
Health Department May Withhold Prisoner’s Medical Records from Virginia Sheriff by Virginia’s Attorney General has opined that under the Virginia Freedom of Information Act, §2.1-342 (b) (3) medical records held by the local health department may be withheld from the sheriff who is seeking “confidential health information” on a prisoner. …
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
Carr v. Hazelwood, VA, Complaint, sexual abuse female prisoner complaint, 2007 Case 7:07-cv-00001-jlk-mfu Document 49 Filed 05/14/2008 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Roanoke Division ) ) ) ) ) ) Case No. 7:07-CV-00001 ) ) ) ) ) SHERIL …
Virginia DOC Contract with Prison Health Services, 2008 ATTA.t;DMENT V Illustration Off-site Serri~es Medi~l (;are Pool Risk/Reward Sharing (;oJDpntations Calculation of Annual Pool aased on Actual Average Daily Population (ADP) X Total annual Off-Site Services Pool. annual cost per inmate = $ l;ontra~ted Fa~ility A) Greater than 17% Excess Cost: …
