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Article • May 15, 2007
General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases by General or Residual Personal Injury Statute Limitations Applies to § 1983 Cases The United States Supreme Court has held that district courts considering 42 U.S.C. § 1983 claims should borrow a state's general or residual statute for …
Article • May 15, 2007
Oregon Prisons Ordered to Reduce Population to Design Capacity by An Oregon federal district court entered injunctive relief requiring prison officials at the Oregon State Penitentiary, the Farm Annex, and Oregon State Correctional Institution to bring the population at those prisons to design capacity. This class action suit alleged the …
Article • May 15, 2007
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
Article • May 15, 2007
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
Presumed Damage Award Upheld in First Amendment Case by The Sixth Circuit Court of Appeals held that a general damage award is appropriate in a First Amendment case and such an award allows an attorney fee award. This case was brought by a Winchester, Kentucky fireman, who was suspended from …
Dismissal Of Prisoner's Damages Claim For Access To Courts Violations Reversed by The U.S. Seventh Circuit Court of Appeals held that fact issues precluded summary judgment of a Wisconsin prisoner's punitive damages claim against federal prison officials for denial of access to courts. Christian Sahagian, a Wisconsin state prisoner, was …
Article • May 15, 2007
Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous by Alabama DOC's Mail Accumulation Policy Unconstitutional, Denial Of Motion To Amend Erroneous The United States Court of Appeals for the Eleventh Circuit held that an Alabama Department of Corrections (DOC) policy of accumulating prisoner mail before dispersing …
Prisoner's Presence at Civil Trial May Be Ordered by The Fourth Circuit Court of Appeals has outlined the considerations a district court should make when deciding whether to stay a prisoner's civil rights action pending the prisoner's release from prison. The prisoner was detained in the Baltimore City Jail pending …
Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim by Confiscation of Political Literature, Denial of Hearing Notice and Witnesses States Claim The Second Circuit Court of Appeals held a district court erred in dismissing a prisoner's civil rights complaint for failure to state a cause of …
Publication, Postage Stamp Ban States Claim by The Second Circuit Court of Appeals held the rejection of a prisoner's publication and refusal to allow him to receive postage stamps through the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton …
Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional by Washington: Sanctions For Insolent/Threatening Language In Grievances Constitutional The Court of Appeals of the State of Washington, Division I, held that sanctions resulting from a prisoner's use of insolent and threatening language on an administrative grievance did not violate the First …
Article • May 15, 2007
Alcoholic WA Prisoners not Entitled to Individualized Treatment by The Washington Supreme Court held that prisoners were not entitled to "individualized comprehensive treatment modalities" for alcoholism. Four prisoners at the Washington State Penitentiary filed petitions for writs of mandamus, claiming that state law guaranteed them the right to comprehensive alcoholism …
PLRA: Exhaustion Of Nonexistent Administrative Remedies Not Required by The United States District Court for the District of Colorado held that class certification for prisoners suing a county jail for unconstitutional mental health care was inappropriate, and that the prisoners were not required to exhaust administrative remedies pursuant to the …
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 …
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 …
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