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No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
Article • May 15, 2007
Filed under: Transfers, Sentencing
CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy by CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy California's Fourth District Court of Appeals held the San Diego County Sheriff is required to advise jail-sentenced prisoners of a jail policy that makes them …
Article • May 15, 2007
$750 Award in Prison Failure to Protect Prisoner Suit by Alfredo Bonilla, a prisoner at the Clinton Correctional Facility (CCF), filed a suit against CCF for failing to prevent an attack on him by two other prisoners. On 2-16-00, while Bonilla was housed at CCF's main institution, a prison guard …
Article • May 15, 2007
CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change by CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change California's First District Court of Appeals held that a prisoner is entitled to a full due process hearing prior to having his SHU classification changed. The San …
Article • May 15, 2007
Filed under: Classification
"Some Evidence" Standard Applied to Consider CA Prisoners Classification. by "Some Evidence" Standard Applied to Consider CA Prisoners Classification. California's Fourth District Court of Appeals held prison officials only need to show "some evidence" exists to justify a prisoner's internal classification. The San Quentin prisoner was convicted of robbery, burglary, …
Article • May 15, 2007
Filed under: Classification
Due Process Required in BOP "Special Offenders" Classification by The Eighth Circuit Court of Appeals, in a case involving two federal prisoners in Minnesota, found due process is required for "special offender" (later changed to "central monitoring case") classification. Upon entering the prison, the two prisoner-petitioners were classified as "special …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Article • May 15, 2007
Loss of Good-Time Credit, Transfer Not Excessive Disciplinary Sanctions by The U.S. Seventh Circuit Court of Appeals upheld denial of a state prisoner's habeas corpus petition challenging prison disciplinary sanctions imposed upon him. The court held that Federal courts do have jurisdiction to consider habeas petitions from prison disciplinary hearings, …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
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 …
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