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Article • May 15, 2007
Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing by Dispute Over Timely Filing Of § 2255 Motion Requires Evidentiary Hearing The U.S. Eighth Circuit Court of Appeals held that an evidentiary hearing should have been conducted to determine if a prisoner's § 2255 motion had been timely …
Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …
Article • May 15, 2007
Alaska: 1997 Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional. Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26 SLA 1997 legislation "included many new tort law provisions, including caps …
Kansas Federal Court Upholds In-Cell Book Restriction, But Continues Injunction by by Matthew T. Clarke A Kansas federal court has upheld the Kansas Department of Corrections policy limiting the number of books a prisoner may possess in his cell, but continued to enforce an injunction against prison officials destroying a …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • May 15, 2007
Private Vendor Must Comply With Florida's Public Records Act by Florida's Second District Court of Appeal has affirmed an order of a Polk County Circuit Court that held Prison Health Services (PHS) must comply with Florida's Public Records Act. The Lakeland Ledger Publishing Company sought records pertaining to a settlement …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
Article • May 15, 2007
No Forfeiture of Good Time for Frivolous Habeas in Texas by Matthew Clarke by Matthew T. Clarke The Texas Court of Criminal Appeals (CCA) has held that the statute providing for forfeiture of good time belonging to a prisoner who filed a frivolous lawsuit does not apply to state habeas …
Article • May 15, 2007
Prisoner's Records Request Tolls Statue of Limitations by The Second Circuit Court of Appeals held a statue of limitations is tolled between the period a prisoner requests records and the time he receives them. This 42 U.S.C. §1983 action was dismissed by a Connecticut Federal District Court on statue of …
Article • May 15, 2007
WA Reasonable Doubt Instruction Re-Defined in Prison Escape by Bruce Bennett was convicted in the Clallam County Superior Court of attempted first degree escape from the Clallam Bay Corrections Center. Before the jury began its deliberations, the court gave its instructions. Among them was the comment that the jury must …
Texas Supreme Court Clarifies Tort Claim Act Notice Requirement by Matthew Clarke by Matthew. T. Clarke The Supreme Court of Texas has held that an accident investigation by a governmental under certain circumstances, suffice for the notice required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases by WA Agencies Liable For Fees & Penalties To Parties Who Prevail Against Them In PDA Cases On June 22, 2001, a reporter named Tim Connor sued the city of Spokane, Washington for withholding …
Article • May 15, 2007
7th Circuit Holds $60,000 Illinois Strip Search Award Not Excessive by On Nov. 29, 1983, the U.S. Seventh Circuit Court of Appeals held that a strip-search claimant's $60,000 jury award against the City of Chicago was not excessive even though it was larger than awards in similar cases. Four female …
Article • May 15, 2007
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands by On July 28, 2003, the U.S. 8th Circuit Court of Appeals ordered a district court to reconsider whether the State of Missouri could confiscate a prisoner's judgment against a prison medical provider under the state's cost of incarceration statute. Acting …
Prisoner Crippled In Texas Jail Settles For $2.25 Million by On May 12, 2000, the City of Harlingen, Texas, paid $2,250,000 to settle a federal civil rights lawsuit brought by a man who was rendered quadriplegic following an assault in the city jail. In his 42 U.S.C. § 1983 lawsuit, …
Article • May 15, 2007
Illinois Prisoners Win Ex Post Facto Good Time Claim by The Illinois Court Of Appeals for the Second Circuit held that the circuit court should not have dismissed a prisoner's law suit against the Department of Corrections for denial of good time credits. Prisoners of an Illinois state prison filed …
Article • May 15, 2007
Alaska: 1991Tort Reform Legislation Facially Constitutional by The Supreme Court of Alaska held that tort reform legislation enacted by the Alaska Legislature was facially constitutional, Plaintiffs, persons considering tort actions, sought declaratory judgment voiding the legislation. The 26, SLA 1997 legislation "included many new tort law including including caps on …
Article • May 15, 2007
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
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