Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity by Coerced Participation in Religious Substance Abuse Program Unconstitutional; Prison Officials Granted Qualified Immunity A Virginia federal district court held that officials at the Indian Creek Correctional Center violated a prisoner's First Amendment rights under the Establishment …
Criminal Contempt Requires Criminal Procedure Rights by The U.S. Supreme Court held that imposing a criminal contempt fine without benefit of a jury trial is unconstitutional. The International Union and the United Mine Workers of America (petitioners) were enjoined from collectively conducting unlawful strike related activities against the Clinchfield Coal …
Stun Gun Claim Properly Exhausted by Defendants said plaintiff's grievances were rejected because he didn't first file an informal grievance, so he hadn't exhausted. The plaintiff said he did indeed file an informal grievance, and he produced a copy. Also he produced his copy of the second grievance, which showed …
Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Limits on Free Legal Supplies in Virginia Upheld by The plaintiff said prison officials did not provide him enough legal supplies and asked for a preliminary injunction. At 671-72: "The mere fact that he has chosen to pursue four lawsuits at one time does not require prison officials to alter …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
Virginia Jail Housing Fee Upheld by A Virginia statute allows local and regional jails to charge inmates a daily fee of no more than $1.00 a day to help defray the costs of their incarceration. The court dismisses at preliminary screening for failure to state a claim. There is no …
No Liability for Medical Neglect Death of Mental Patient by The plaintiff, involuntarily committed to a civil mental hospital, suffered from chronic obstructive pulmonary disease. She was prescribed clozapine, which presented risks for someone in her condition and also caused weight gain, which further aggravated the risk. Her problems were …
No One Liable in Jail Prisoner's Mysterious Death by The decedent, a 39-year-old homemaker, dropped her kids off at school, then was arrested for driving while drugged because she was having difficulty speaking and walking. A few hours later she was found strangled to death. Nobody knows who did it …
Government Agent Authorizes Drug Deals Behind Bars by The Western District of Virginia on remand from the Fourth Circuit Court of Appeals concluded that estoppel by entrapment does not require that a government actor was correct in his representation. Michael Fulcher, his wife Ethel and his mother Rosanna created a …
U.S. Supreme Court Invalidates Violence Against Women Act by The United States Supreme Court held that the Violence Against Women Act of 1994 (VAWA), 42 U.S.C. § 13981, is unconstitutional as an exercise of Congressional power under both the Commerce Clause, Article I, section 8, U.S. Constitution, and section 5 …
Monitored Jail Phone Calls Admissible Evidence by The criminal defendants' telephone conversations were tape-recorded pursuant to standard jail policy. They could be used as evidence notwithstanding the protections against telephone surveillance of the Omnibus Crime Control and Safe Streets Act. Their recording fell into the statute's exception for interception "by …
Disabled Prisoner's Handcuffing Suit Proceeds to trial Under RA by The plaintiff alleged that he was injured when prison staff ignored an order to handcuff him in front because of a medical problem with his shoulder, which he said resulted in dislocation of his shoulder. The plaintiff alleged a violation …
No Liability for Arrestee Who Chokes to Death on Vomit While Wearing Spit Mask by The decedent was arrested for public intoxication based on ample visible evidence, and vomited in the police cruiser. He had a large amount of fluid in his mouth, which he refused to spit out until …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim by Summary Judgment Vacated and Remanded in Part on Religious Free Exercise Claim The U.S. Fourth Circuit Court of Appeals affirmed in part and vacated and remanded in part summary judgment to prison officials in a free exercise …
Tear Gassing of VA Prisoner Requires Trial by The Fourth Circuit Court of Appeals held that material facts were in dispute in a Virginia prisoner's suit alleging guards willfully and maliciously fired a tear gas device in his face at point blank range, as to whether their action was punitive …
Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment by Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment The Fourth Circuit Court of Appeals held that a prisoner is entitled to call witnesses at a disciplinary hearing when facing loss of good time …
No Fourteenth Amendment Violation Resulting From Losses During Cell Search by The U.S. Supreme Court held that the Fourteenth Amendment does not protect a prisoner's possessions and that prisoners have no reasonable expectation of privacy" in their cells. A Virginia prisoner filed suit in response to a cell search by …
Virginia Court Defines Strip Search by A Virginia appeals court held that a search of an arrestee that was incident to an arrest for auto theft did not constitute a strip search. The arresting officer testified that while pat searching the arrestee he heard the crinkle of plastic in the …
