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PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner by The U.S. Third Circuit Court of Appeals reversed the U.S. District Court (New Jersey) on its dismissal of a pretrial detainee's state law medical malpractice claims and summary judgment for jail defendants of the detainee's claims under 42 …
Article • May 15, 2004 • from PLN May, 2004
New Jersey Prisoners May Confront Accusers in Disciplinary Hearings by Michael Rigby In response to a ruling by the Superior Court of New Jersey, Appellate Division, the New Jersey Department of Corrections has announced that they will afford prisoners the opportunity to question their accusers in person during disciplinary hearings, …
Two Level Review Required for Publication Rejection, but Qualified Immunity Granted by The Ninth Circuit Court of Appeals held the failure to provide a two-level review process when rejecting incoming publications violated procedural due process, but granted prison officials qualified immunity for the violation. Arizona prisoner Lawrence Krug filed a …
New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict by by Matthew T. Clarke The Supreme Court of New Jersey up-held one of the largest female-on-male sexual harassment compensatory damage awards and fees, sending the even larger punitive damage award back to the trial court for reconsideration. Robert L. Lockley, …
BOP Rule Denying Early Release Eligibility Violates APA by A federal court in Oregon held that Bureau of Prisons (BOP) drug treatment rules violate the Administrative Procedures Act (APA). "18 U.S.C. § 3621(b) directs the Bureau of Prisons (BOP) to provide substance abuse treatment to those prisoners who have a …
Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused by Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused A federal district court in Oregon held that a federal prisoner's procedural default in failing to exhaust administrative remedies would be waived. The court also …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Article • May 15, 2004 • from PLN May, 2004
No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes by No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes The Washington state supreme court unanimously held that a prisoner determined by the Washington state Department of Corrections (DOC) …
Pretrial Detainee Has Limited Right to Litigate Civil Matters by The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter. In April 1995, …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
Article • May 15, 2004 • from PLN May, 2004
Absence of AEDPA in Texas Law Library May Toll Limitations by by Matthew T. Clarke The Fifth Circuit court of appeals has held that the absence of a copy of the Anti Terrorism and Effective Death Penalty Act, (AEDPA) in a Texas prison's law library coupled with the prisoner's lack …
Article • May 15, 2004 • from PLN May, 2004
$15 Million Award for Wrongful Conviction Upheld by $15 Million Award for Wrongful Conviction Upheld The U.S. Court of Appeals for the Seventh Circuit affirmed a district court's denial of qualified immunity for two Chicago policemen who had concealed evidence and induced witnesses to testify falsely against a man wrongfully …
Article • May 15, 2004 • from PLN May, 2004
NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund by NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund By Matthew T. Clarke On July 11, 2003, NYPD Deputy Po-lice Commissioner of Community Affairs Fredrick J. Patrick, 38, was arrested on federal charges that he looted close to …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Money/Property, Restitution
Confinement for Willful Failure to Pay LFOs Upheld by The Washington state court of appeals held that confining a criminal defendant for 60 days for failing to pay his legal financial obligations (LFOS) was proper. In 1993, John Woodward pleaded guilty to burglary and auto theft charges, for which he …
Article • May 15, 2004 • from PLN May, 2004
Illinois County Necessary Party in Suit Against Elected Official by Illinois County Necessary Party in Suit Against Elected Official In a case of great importance to those seeking damages in suits on jail conditions in Illinois, the Seventh Circuit Court of Appeals held a county must satisfy any judgment or …
Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment by by Matthew T. Clarke Fears of possible al-Qaeda recruitment among prisoners in U.S. prisons have led officials to take a fresh look at prisoners with a view to their possible recruitment by al-Qaeda. Texas has taken the process to an extreme, closely …
No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times by Robert Woodman by Dorothy Rabinowitz. 2003. Free Press, ISBN: 0-7432-2834-0 Review by Robert Woodman "There is no crueler tyranny than that which is perpetrated under the shield of law and in the name of justice." These words, …
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