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Texas Sheriff's Use of Force Files Are Public Information by A Texas state court of appeals has held that the use of force records kept by the Harris County Sheriff's Department (the Department) are public information subject to the disclosure requirements of the Texas Public information Act (the Act), Tex.Gov't …
Article • May 15, 2007
Nominal Damage Relief Does Not Warrant Attorney Fee Award by The U. S. District Court for the Eastern District of New York held that even though a prisoner was the "prevailing party" in a civil rights action, a verdict awarding only nominal damages did not warrant an attorney fee award …
Article • May 15, 2007
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Article • May 15, 2007
Retaliation Claim Legitimate, Res Judicata Claim Not by A New York state prisoner brought a § 1983 action against prison authorities alleging retaliation for previous legal action. Prison officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York …
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief under 42 U.S. C. § 1983 for the violation of his constitutional rights. In this case, Pennsylvania …
Article • May 15, 2007
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Article • May 15, 2007
Attorney Fees Allowed Under § 1988 in State Court Suits by The U.S. Supreme Court ruled that 42 U.S.C. § 1983 includes violations of federal law as well as constitutional violations, and that attorney fees could be awarded for such § 1983 violations of federal law under the Civil Rights …
Article • May 15, 2007
Prisoners Have Right to Notice of Rules by The Eighth U.S. Circuit Court of Appeals affirmed that prisoners in custody of the Nebraska Department of Correctional Services (DOCS) do have right to advance notice of rules and orders promulgated by DOCS, DOCS' prison wardens, or prison supervisors before the rules …
JNOV New Trial Denied in Indiana Jail's Suicide Watch Policy by The U.S. District Court for the Northern District of Indiana denied motions for judgment notwithstanding the verdict (JNOV) and for new trial in a case involving a jail's suicide watch policy. James L. Bird was confined in the Allen …
Article • May 15, 2007
Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) by Dismissed Suits by Prisoners Liable for Filing Fees Under §1915(g) The U.S. Sixth Circuit Court of Appeals held that a state prisoner filing a civil rights complaint that is subsequently dismissed under the "three-strikes provision" of 28 U.S.C. § …
Punitive Damages Can Be Awarded in § 1983 Claim by Punitive Damages can be Awarded in § 1983 Claim The Eighth Circuit Court of Appeals affirmed a jury verdict of the United States District Court of the Western District of Missouri in favor of an assaulted prisoner. The court also …
Article • May 15, 2007
Under "Compelling Circumstances" Government Must Issue Subpoenas for Free by Under "Compelling Circumstances" Government Must Issue Subpoenas for Free The Eighth Circuit Court of Appeals, sitting en banc, held that the United States may be compelled to pay fees and expenses of witnesses subpoenaed by indigent civil litigants in cases …
Article • May 15, 2007
Dismissed Medical Claims Reversed by Federal Tenth Circuit by The Tenth Circuit Court of Appeals has reversed a Kansas Federal District Court's dismissal of a state prisoner's 42 U.S.C. §1983 complaint. Donald Halpin is a Kansas Department of Corrections (KDOC) prisoner transferred from the Florida Department of Corrections under the …
Article • May 15, 2007
Seventh Circuit Discusses Res Judicata and Collateral Estoppel by The U.S. Court of Appeals for the Seventh Circuit held that the doctrines of res judicata and collateral estoppel barred federal civil right actions against county and village officials for due process violations because a successful state mandamus action based upon …
$3500 Punitive Damage Award Upheld for Dropping Shackled Prisoner by The U.S. Court of Appeals for the Eleventh Circuit held that record evidence supported a jury verdict that two Florida state prison guards violated a prisoner's Eighth and Fourteenth Amendment rights by using excessive force, that the guards were not …
Article • May 15, 2007
Sworn Beating Complaint Defeats Summary Judgment by The U.S. Court of Appeals for the Eleventh Circuit held that a Florida state prisoner's sworn complaint was sufficient to defeat a motion for summary judgment filed by the defendant prison guards because the complaint "alleged detailed facts" that conflicted with the guards' …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Reasons for Refusing to Call Witnesses Need Not Be Documented by The U.S. Supreme Court vacated and remanded a lower court's ruling that a prison disciplinary board's reason for refusing to call requested witnesses must be part of the official hearing record. The ruling resulted from a complaint filed by …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
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