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Article • May 15, 2007
Arkansas Must Acknowledge Prisoner's Muslim Name by The U.S. Eighth Circuit Court of Appeals held that Arkansas prison officials must acknowledge a Muslim prisoner's Islamic name. An Arkansas state prisoner of the Islamic faith who had his name legally changed to Bilal Ali Salaam while imprisoned brought pro se civil …
Article • May 15, 2007
Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper by The Third Circuit Court of Appeals held the dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is improper. This action was filed by a Pennsylvania prisoner at a State Correctional …
Article • May 15, 2007
Oregon Seizure of Punitive Damages for Victim Fund Upheld by The Oregon Supreme Court, sitting En Banc, held that Oregon's "split recovery" statute authorizing the State to seize 60 percent of all punitive damages awards does not violate the Oregon Constitution. Since 1987, ORS 18.540 has "directed that [60 percent] …
Article • May 15, 2007
Washington Public Disclosure Act: DOC Employee Evaluations Unavailable Absent Misconduct by Washington Public Disclosure Act: DOC Employee Evaluations Unavailable Absent Misconduct The Court of Appeals of Washington, Division 2, held that absent misconduct, a Washington Department of Corrections employee's personnel records were not disclosable under the Public Disclosure Act (PDA), …
Article • May 15, 2007
Prison Conditions Decree Extended by The court of appeals for the Fourth circuit held that extending a consent decree was proper where prison officials had not fully complied with the terms of the decree. Maryland prisoners entered into a consent decree with prison officials over inhumane conditions at a prison …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Article • May 15, 2007
Award of Nominal Damages Only Affirmed in Excessive Force Suit by The U.S. Second Circuit Court of Appeals affirmed a district court's denial of a plaintiff's motion for new trial following a jury's award of only nominal damages against prison guards charged with use of excessive force on the prisoner-plaintiff. …
Dismissal for Failure of Service Reversed; District Court Abused Discretion by The U.S. Sixth Circuit Court of Appeals reversed and remanded a federal district court's dismissal of a Michigan prisoner's 42 U.S.C. § 1983 suit for failure of timely service, holding that the state, not the prisoner, was responsible for …
Article • May 15, 2007
Denial Of Time Extension, Dismissal Of Claim Ruled Abuse Of Discretion by The U.S. Court of Appeals for the Ninth Circuit held that a district court abused its discretion in denying a prisoner an extension of time to file an amended complaint and in dismissing his pro se § 1983 …
Article • May 15, 2007
Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed by Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed The U.S. Ninth Circuit Court of Appeals reversed a California federal district court's dismissal of a state prisoner's civil rights complaint, holding that the lower court erred in denying the prisoner …
Article • May 15, 2007
Filed under: Venue, Media, Censorship, Internet
District Court Reversed; Warden's Defamation Suit Ordered Dismissed by The U.S. Fourth Circuit Court of Appeals, reversing the U.S. District Court, Western District of Virginia, held that Connecticut newspapers sued by a Virginia prison warden for defamation and libel after posting allegedly defamatory articles on their websites did not manifestly …
Article • May 15, 2007
Illinois Prisoner Entitled to $5 Per Diem Against Fine; Court Has No Authority to Withhold Corrections Wages by The Illinois Fourth District Court of Appeals held a trial court does not have authority to withhold a prisoner's monthly corrections income, and a prisoner is entitled to a $5 per diem …
Article • May 15, 2007
Punitive Damages Cannot be Imposed Against Municipality by The U.S. Supreme Court held a municipality may not have punitive damages imposed against it in a 42 U.S.C. § 1983 action. This action was initiated against city commissioners and the City of New Port, Rhode Island, after the commissioners violated a …
Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape by Request at Trial Seeking Funds for DNA Expert Too Late; BOP Guard Convicted of Rape The First Circuit Court of Appeals affirmed the conviction of a Puerto Rico Federal Bureau of Prison guard's conviction …
Saginaw County Jail Practices Unconstitutional by A Michigan federal district court held that practices and procedures, affecting pre-trial detainees at the Saginaw County Jail are unconstitutional and enjoined them. This is a class action suit that did not challenge the general physical conditions, but the practices and procedures of the …
Article • May 15, 2007
Second Circuit Addresses Time Claim Accrues by The Second U.S. Circuit Court of Appeals affirmed in part and vacated in part a district court order granting summary judgment to the New York City Police Department (NYPD) and various individual defendants for false arrest. Clifton Morris was arrested in 1990 by …
State Cannot Seize § 1983 Award to Satisfy Incarceration Costs by The Eighth Circuit Court of Appeals held a state may not seek reimbursement of costs for incarceration by seizing monetary damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 …
Article • May 15, 2007
Dismissal for Failure to Exhaust Remedies Vacated by The U.S. Court of Appeals, Third Circuit, vacated and remanded a district court dismissal, under 42 U.S.C. §1997e(a), of a Pennsylvania state prisoner's 42 U.S.C. §1983 suit. Larry L. Greer sued Pennsylvania prison officials under 42 U.S.C. §1983 claiming violations of his …
Article • May 15, 2007
Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment by Correspondence Regulation Must be Reasonable and Necessary to Advancement of Purpose of Imprisonment A district court in Wisconsin entered an injunction enjoining prison officials from restricting correspondence between a prisoner and his sister-in-law. Morales v. Schmidt, …
Article • May 15, 2007
Fifth Circuits Upholds Pugh v. Loch Injunction by The Fifth Circuit upheld the district court's ranting of relief to ensure Alabama state prisoners reasonably adequate food, clothing, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single …
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