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Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Filed under: Damages, Media, Censorship
Damage Award for Restriction on Political Speech Upheld by The Court of Appeals for the Seventh Circuit affirmed an Illinois district court's order finding a city ordinance limiting door-to-door solicitation between 9 AM and 5 PM violated the First Amendment and awarding $8,300 in damages for the violation. The court …
Denial of Class Certification in Pennsylvania Conditions Suit Reversed by The Third Circuit Court of Appeals has held that a district court properly denied three prisoners' Eighth Amendment claim of unconstitutional conditions at the State Correctional Institute at Graterford, Pennsylvania, but erred in denying class certification and ruling on the …
Article • May 15, 2007
Florida Good Time Law Applied by Florida's First District Court of Appeals held that the Correctional Reform Act of 1983 (The Act) does not allow the Florida Department of Corrections (FDOC) to grant additional days of gain-time as a matter of grace of forfeit the right to gain-time earned prior …
Eighth Circuit Denies Police Board Sovereign Immunity; Upholds ADA/RA Damages by The Eighth Circuit Court of Appeals, in a case that may have implications for arrestees and prisoners nationwide, has denied Eleventh Amendment sovereign immunity protection to a state-created police board and, splitting with the Sixth Circuit, has ruled that …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
Article • May 15, 2007
Dismissal for Failure to Exhaust Reversed by The U.S. Court of Appeals, Ninth Circuit, reversed a federal district court's dismissal of a California state prisoner's 42 U.S.C. §1983 complaint. Alonzo Lee Taylor appealed the judgment of a federal district court where the court dismissed Taylor's second amended complaint (SAC) on …
Article • May 15, 2007
Dismissal of Tennessee Prisoner's Petition for Failure to Prosecute Reversed by In this case involving a prisoner's pro se petition for writ of certiorari, the Tennessee Court of Appeals held that the trial court improperly dismissed the petition for failure to appear and prosecute. Eddie Williams, a prisoner in the …
Dismissal for Frivolousness is Basis for Res Judicata by The U.S. Seventh Circuit Court of Appeals held that a 42 U.S.C. § 1983 suit by a civilly-committed person filed against officials of the Wisconsin Department of Health and Family Services (WDHFS) was barred by res judicata because a prior suit …
Article • May 15, 2007
Duress Defense Unavailable to Prisoner Volunteering Assistance to Help Another Escape by The en banc Tenth Circuit Court of Appeals held that a prisoner convicted as a principle to possession of escape paraphernalia waived a defense of duress, and that failure to give instructions on that defense was not plain …
Article • May 15, 2007
Prisoners Receive Damages for Beatings by Two prisoners, John Furtado and Gerald Sousa brought a civil rights suit under § 1983 against prison officials, at the Massachusetts Correctional Institution. Both Furtado and Sousa were beaten by guards. Furtado's injuries required hospitalization. Both men sought redress. When prison officials retaliated against …
Article • May 15, 2007
Fugitive Disentitlement Rule by The Eighth Circuit Court of Appeals held that the fugitive from justice rule does not mandate the automatic dismissal of a civil case under the fugitive rule. In May 1987, James Perko, while confined at a Missouri State Penitentiary, brought suit under § 1983 for deliberate …
$450 Award in Prisoner Wrongful Keeplock Suit by $450 Award In Prisoner Wrongful Keeplock Suit Ignacio Rosado, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on "keeplock" status for 7-days. In 1999, a prison guard told Rosado …
Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
$21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials by $21,213.76 in Fees/Costs Awarded for Discovery Sanctions by NY jail Officials A federal court in New York awarded $20,950 in fees and $263.76 in costs as a sanction against jail officials related to discovery violations. Gary Smith, a …
Article • May 15, 2007
Strip Search Jury Instruction Held Invalid; New Trial Ordered by by Bob Williams Finding the jury instruction definition of strip search" too narrow, the United States Court of Appeals for the First Circuit reversed a jury's finding that a state jail prisoner's strip search was not unconstitutional. Geoffrey Wood was …
Contempt Order Extends Life of Georgia Jail Settlement Agreement by Georgia's Third Division Court of Appeals has held that the failure to purge a contempt finding was sufficient to extend the duration of a settlement agreement. The Georgia trial court found that Dekalb County and various county officials had failed …
Article • May 15, 2007
Nominal Damage Awards Must Apply to All Class Members by The Ninth Circuit Court of Appeals has held that each member of a class action is entitled to receive a nominal damage award, not just the named class representatives. Additionally, the Court held that a district court cannot award attorney …
Article • May 15, 2007
Sanction Imposed for NY AG's 1-Year Delay in Answering Complaint by A New York federal district court set aside a default judgment in a prisoner's civil rights case, but imposed a $500 sanction for the one- year delay in responding. A prisoner at New York's Woodburns Correctional Facility sued under …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
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