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Article • May 15, 2007
No Disclosure of Federal Prisoners Held in Illinois Jail by A federal district court in Illinois held that the Illinois Freedom of Information Act did not allow the disclosure of the names of federal prisoners held in the DeWitt county jail in Illinois. A reporter from The Pantagraph, a local …
Article • May 15, 2007
IAD Not Violated; "Law of the Case" Controls by IAD Not Violated; "Law of the Case" Controls The U.S. Sixth Circuit Court of Appeals held that a prisoner's incarceration in a county jail on parole violations while also awaiting trial on federal charges was not a "term of imprisonment" under …
Article • May 15, 2007
Montana: No Liberty Interest in Assignment to Particular Prison by The Montana Supreme Court held in this case that a prisoner in the Montana Department of Corrections (MDOC) had no federal or state constitutional liberty interest that required him to be housed in a particular prison. Paul Wright [not the …
Article • May 15, 2007
Nevada: Prisoners Eligible for Out-Of-State Jail Time by The Nevada Supreme Court held that a state prisoner was "entitled to credit for time served in presentence confinement in another jurisdiction when that confinement was solely pursuant to the charges for which he was ultimately convicted." Joshua I. Nieto was arrested …
Article • May 15, 2007
Mootness Exception Discussed in Law Library Access Case by The Ninth Circuit Court of Appeals held that where it is only possible that a prisoner may be returned to a prison that he was transferred from, it is speculative to state the issue in a lawsuit will repeat itself as …
Florida: Prisoner Raped In County Jail Awarded $65,950 by In this case published by the Florida Jury Verdict Reporter in April 1990, the plaintiff, a prisoner who was raped by another prisoner, was awarded $65,950. On November 23, 1987, while imprisoned in the medium-security section of the Pinellas County (Florida) …
Article • May 15, 2007
Florida: County Prisoner Slipped On Wet Floor, Awarded $6,000 by On August 18, 1994, a former prisoner in Florida's Escambia County Jail was awarded $6,000 for injuries she sustained when she slipped and fell on the wet floor in a holding area. Plaintiff, Sandra James, a prisoner in the jail's …
Transfer to Mental Hospital without Due Process Unconstitutional by The U.S. Supreme Court ruled that a Nebraska law was unconstitutional because it did not afford due process protections. The law, § 83-180(1), allowed the transfer of a state prisoner to a mental hospital if a designated mental health professional determined …
Article • May 15, 2007
$500 Paid in WA Work release Lost Property Claim by Cynthia M. McGinnis had property stored at the Reynolds Work Release Center, and upon her return the property cage was open as were her property boxes. Stored inside were a new stereo and various clothing and personal items which were …
Article • May 15, 2007
Filed under: Classification, HIV/AIDS
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
Article • May 15, 2007
Filed under: Furloughs, Medical, Transplants
WA DOC Can Provide Organ Transplants by A Washington Appeals Court has held that a defendant convicted of delivery and possession with intent to deliver cocaine is not entitled to home detention for medical reasons. The defendant had received two liver transplants, and he was still under close observation by …
WICC Not Federal Law by In a case filed by New Mexico prisoners transferred to Washington, a Washington federal district court has held that the Western Interstate Corrections Compact (WICC) does not confer federal rights on prisoners, which are enforceable via 42 U.S. C. §1983. The Court made this holding …
Article • May 15, 2007
$49,500 Settlement In Washington Employee Discrimination Suit by In 1997 the Washington State Department of Corrections settled a law suit with Victor Carter, Kathy Allen, and Pablo Mendoza for $16,500 each for a total of $49,500. All three plaintiffs were employed at the Yakima-Kittitas County Work Release as guards. They …
PLRA Exhaustion-of-Remedies Requirement Applies to Private Prison by by Matthew T. Clarke On September 8, 2004 the Sixth Circuit Court of Appeals held that prisoners incarcerated in a private prison must first exhaust the prison's administrative remedies before bringing suit under 42 U.S.C. § 1983 challenging unconstitutional prison conditions. Louis …
Article • May 15, 2007
Filed under: Classification, Transfers
PA Pre-Trial Detainee's Transfer to State Prison Held Unconstitutional by After several guards were stabbed, a number of pre-trial detainees were transferred from a Pennsylvania county jail to a state prison. They didn't receive notice or a hearing before their transfers, and conditions at the prison were much harsher than …
Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated by Montana State Prisoner Not Entitled to Disability And Rehabilitation Benefits While Incarcerated The Montana Supreme Court held on appeal from the Workers' Compensation Court that state prisoner Gary Quigg was not entitled to disability benefits while performing …
Court Enjoins Transfer of BOP Prisoners to Virginia DOC under RFRA by The plaintiff District of Columbia prisoners (two Sunni Muslims and a Rastafarian who had taken the Vow of the Nazarite) alleged that their placement by the federal Bureau of Prisons in Virginia prisons, which forbid beards and long …
Article • May 15, 2007
Exhaustion May Not Be Available Due to Transfer After Assault by The court declines to dismiss for non-exhaustion. Although the claim arises from an inmate assault, a constitutional tort, it alleges failure to train and adequately to supervise staff and to staff control posts, so it's a prison conditions case. …
Article • May 15, 2007
No Right to Prompt Return to State Prison by The plaintiff was held as a federal detainee at the Westchester County Jail for eight and a half months after the completion of all federal proceedings, rather than being returned to state prison whence he had come and where he was …
Work Release Prisoners Subject to PLRA Exhaustion Requirement by A plaintiff is a "prisoner" for exhaustion purposes if he was in prison when the complaint was filed. At 750: "We have previously explained that prisoners encounter a uniquely low opportunity cost relative to the typical litigant." The plaintiff, whose claims …
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