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Article • May 15, 2007
Injured Georgia Prisoner's Negligence Claim Survives, Others Fail by In this case involving a Georgia state prisoner who was injured while on a work detail, the Court of Appeals of Georgia, Fourth Division, held that the prisoner's failure to provide ante litem notice to one of the defendants, the Stone …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
Article • May 15, 2007
Prisoner Made Goods Must be Labeled for Interstate Transport by The United States Supreme Court held that transportation of prisoner made goods without proper labeling violated the Ashurst Sumners Act (ASA), 49 U.S.C.A. §§ 61-64, and the U.S. Constitution Act 1, § 8. The Kentucky Whip and Collar Co. (petitioner) …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Article • May 15, 2007
$1,200 Paid in WA Prisoner's Retaliation Claim by Timothy J. Beard filed a 42 U.S.C. section 1983 action in federal court alleging he was denied employment by Correctional Industries at the Clallam Bay Corrections Center. (CBCC). Beard had worked at the Industry when he was terminated, along with several other …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
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 …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
No Counsel for Asthmatic Forced to do Field Work by The plaintiff alleged that he had been required to perform certain field work (hoeing on a dusty road, digging a ditch, and helping spread dirt) despite having asthma. However, prison officials did so only after consulting with medical personnel. The …
Article • May 15, 2007 • from PLN May, 2007
Guards Sue California DOC for Identity Theft by Prisoner Workers by Thirty-one guards from Pelican Bay State Prison (PBSP), California?s supermax lockup, filed suit on May 23, 2006 in Sacramento Superior Court against the California Department of Corrections and Rehabilitation following the discovery that PBSP prisoners had obtained guards? names, …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
BOP Pays $7,000 in Pork Handling Suit by BOP Pays $7,000 In Pork Handling Suit The court of appeals for the Seventh circuit affirmed a district court's award of 17,000 in damages to a Muslim federal prisoner at Marion who was punished for refusing to handle pork due to his …
Article • May 15, 2007
Okay to Withhold Water from Prisoner Who Refuses to Work by The court of appeals for the Eleventh circuit held it was permissible for an Alabama prison guard to deny water to a prisoner who refuses to work. Ruling discusses the use of force to coerce prisoner labor. See: Ort …
Article • May 15, 2007
Prisoner Can't be Forced to Work Beyond Physical Means, Handle Items Forbidden by Faith by The court of appeals for the Eighth circuit held that a district court erred when it dismissed as frivolous an Arkansas prisoner's lawsuit that he was forced to do field work beyond his physical capacity. …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Article • May 15, 2007
No Right to UNICOR Employment by The court of appeals for the Seventh circuit held that federal prisoners at Marion had no statutory right to employment within the prison or at UNICOR, the federal prison industries program. The court held that the Marion lockdown did not violate the religious rights …
Driver's License Examiner Denied Qualified Immunity in Prisoner's Sexual Assault by The United States District Court for the Northern District of Oklahoma denied a former driver's license examiner summary judgment on grounds of qualified immunity in a case in which the examiner is charged with sexually assaulting a female work …
Article • May 15, 2007
Work Release Prisoners Are Employees Under Fair Labor Standards Act by The United States Fifth Circuit Court of Appeals, reversing a Louisiana U.S. District Court, held that in some situations a work release prisoner is an employee for purposes of the Fair Labor Standards Act (FLSA). Kevin Watson and Raymond …
Article • May 15, 2007
Prisoner Not Covered by Fair Labor Standards Act by The United States Court of Appeals for the Fourth Circuit held that prisoners are not covered by the federal Fair Labor Standards Act (FLSA), and they are not entitled to receive the minimum wage for work performed within a penal facility. …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
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