Seventh Circuit Allows Sanctions for Frivolous Habeas Corpus Petitions by The Seventh Circuit has sanctioned two prisoners for filing frivolous habeas corpus actions under 28 U.S.C. § 2256 complaining about prison conditions. Jerry Montgomery and Larriante Sumbry are Indiana state prisoners with "long histories of filing frivolous lawsuits" which resulted …
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas by The court of appeals for the Seventh circuit held that a prisoner's failure to present his claim of hearing officer bias in an administrative appeal waived the claim on habeas review. Steven Eads, an Indiana state prisoner, was …
$2.5 Million Settlement, No Immunity for Indiana Jail Strip Search by A federal district court in Indiana granted summary judgment to jail arrestees who were improperly administered strip searches, and denied qualified immunity to the sheriffs. This was a class action suit brought by Mindy Doan under 42 U.S.C. § …
$56.5 Million Jury Verdict in Indiana Jail Murder by On May 9, 2002, a federal jury in Indiana awarded $56.5 million dollars in damages to the estate of a jail detainee who was beaten to death by jail guards. This is believed to be the largest jury verdict in Indiana …
Jail Over Detention From Lack of Release Policy Actionable Under Section 1983 by An Indiana county jail's lack of policy for the eventual release of detainees arrested pursuant to a Body Attachment raised sufficient facts to defeat the sheriff's motion for summary judgment, thus allowing an overdetained prisoner's civil rights …
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes by Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended …
Failure to Protect States Claim in High Profile Case by The Court of Appeals for the Seventh Circuit has held the failure to protect a pre-trial detainee in a highly charged and well-publicized case states a claim. Morritz Weiss, a white male, was the principal suspect in the rape of …
Defendants Denied Summary Judgment in Wrongful Incarceration Suit by Defendants Denied Summary Judgment In Wrongful Incarceration Suit An Indiana federal district court has partially denied summary judgment and the qualified immunity defense to defendants at the Allen County (Indiana) Jail in a case involving wrongful imprisonment. Shakidi Johnson was arrested …
Indiana Creates Liberty Interest in Good Time Credits by The Court of Appeals for the Seventh circuit held that Indiana prisoners have a state created liberty interest in their good time credits, and the rate of earning such credits, requiring due process before the credits or classification could be changed. …
Indiana Prisoners Riot in CCA Prison by On July 6, 2001, hundreds of Indiana state prisoners held at the Otter Creek Correctional Complex in Wheelwright, Kentucky, rioted. The prison is owned and operated by the private, for profit, Corrections Corporation of America. The riot lasted nine hours and involved prisoners …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
Dismissal of Prisoner's Suit for Missing Evidentiary Deadline Reversed by The Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner's pro se civil rights suit for missing a single pre-trial deadline. Bobby Ray Long, an Indiana state prisoner, filed a civil rights suit in federal …
PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
Indiana Jail Settles Strip Search Case for $300,000 by Indiana Jail Settles Strip Search Case For $300,000 On June 6, 2000 Harrison County, Indiana, Jail officials agreed to settle a class action lawsuit involving nearly 200 people who sued in an Indiana federal district court after they were illegally strip …
Disciplinary Hearing Reversed for Failure to View Videotape by In two separate rulings a U.S. District Court set aside an Indiana State Prison Conduct Adjustment Board's (CAB) findings of guilt and punishment after determining that the CAB violated a prisoner's due process rights when it denied his request to review …
U.S. S.Ct. Upholds PLRA Automatic Termination Law by On June 19, 2000, a divided U.S. supreme court upheld the constitutionality of 18 U.S.C. § 3626(e)(2). In 1996 congress enacted the Prison Litigation Reform Act (PLRA). Among the PLRA's provisions are 18 U.S.C. § 3626(b)(2) which allows for the "immediate termination" …
False Evidence Meets Some Evidence Standard by The U.S. court of appeals for the Seventh Circuit held that even dubious evidence satisfies the "some evidence" standard of proof in prison disciplinary proceedings. The court also held that due process does not include a right to submit further evidence on appeal …
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
HIV+ Detainee States Conditions Claim by A federal district court in Indiana held that an HIV positive detainee was entitled to a trial to resolve his claims over inhumane conditions of confinement and discrimination due to his HIV status. Edward Roop was arrested on a warrant after arguing with a …
WA and IN Prison Phone Rates Challenged by On June 20, 2000, a class action suit was filed in King county (Seattle) superior court in Washington. The suit claims that various phone companies that have contracted with the Washington Department of Corrections to provide collect call services for Washington prisoners …
