Fired Guard Eligible for Unemployment Benefits by A Louisiana appeals court upheld unemployment benefits for a fired Corrections Corporation of America (CCA) guard. While working at the Winn Correctional Center in Louisiana, the guard witnessed another guard speaking offensively to a black prisoner. The observing guard wrote a letter addressing …
INS Detainee Entitled to Wolff Protections in Disciplinary Action by The Fifth Circuit Court of Appeals held a detainee of the Immigration and Naturalization Service (INS) is entitled to the same due process rights of a prisoner in a disciplinary action. The detainee arrived in the United States as a …
US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases by US Supreme Court Held That Exclusion Of Jurors Based On Race Is Unconstitutional in Civil Cases The US Supreme Court held that exclusion of prospective jurors based on their race violates their equal …
Holding Prisoner Beyond Release Date Violates Due Process by A Louisiana Federal District Court has denied qualified immunity to officials of the Louisiana Department of Corrections (DOC), whose actions in calculating a prisoner's release date kept the prisoner past the date he should have been released. All parties were denied …
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 …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Doing “Katrina Time” by Bob Williams Doing "Katrina Time" by Bob Williams Last month, PLN's cover story addressed the terrors and tribulations faced by prisoners when Hurricane Katrina devastated New Orleans on August 29, 2005 -- not just the horrors of the storm, but also the brutality and abuse inflicted …
$128,000 Cost Fee Against Former Angolite Editor Reversed by Louisiana?s Third Circuit Court of Appeals has reversed a trial court?s order imposing a $128,000 court cost fee assessed against award winning former prison journalist Wilbert Rideau. PLN previously reported on Rideau?s release. Rideau is best known for his work as …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
Property Interest in Trust Fund Money by Property Interest In Trust Fund Money The court of appeals for the Fifth circuit held that a Louisiana state prisoner had a property interest in the funds in his prison trust account and may have been denied due process when prison officials seized …
Court Approves Draconian Seg Conditions by The court of appeals for the Fifth circuit upheld the denial of soap and towels to Louisiana prisoners in punitive isolation where they could shower with soap daily. Mattresses and blankets were taken from the prisoners each day and returned later that evening. The …
Single Case of Food Poisoning Okay by The court of appeals for the Fifth circuit held that a single instance of mass food poisoning in a Louisiana prison did not violate the Eighth amendment. If food poisoning were a regular occurrence there may be a claim. See: George v. King, …
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 …
Fifth Circuit Reverses Beaten Louisiana Prisoner's $1.5 Million Jury Award by The U.S. Court of Appeals for the Fifth Circuit reversed the award of $1.5 million to a beaten prisoner by a federal jury, granting the defendants a new trial on damages. John Poullard, a Louisiana state prisoner, sued guards …
Police Officer May Be Liable for Failing to Disclose Exculpatory Evidence to Prosecutor by Police Officer May Be Liable For Failing to Disclose Exculpatory Evidence to Prosecutor The Fifth Circuit Court of Appeals held a police officer can be liable under 42 U.S.C. § 1983 claims of false detention and …
Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation by Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation The Fifth Circuit Court of Appeals held that a defendant may not be sentenced to more than 24 months imprisonment upon the revocation …
$380,000 Award Against Louisiana Sheriff and Deputy Upheld in Jail Rape Case by The U.S. Court of Appeals for the Fifth Circuit upheld a U.S. District Court's award of punitive and compensatory damages to a plaintiff who was beaten and raped in jail. Plaintiff, a white male, filed a §1983 …
Sanction Of Nearly $1 Million In Attorney Fees Upheld by The United States Supreme Court held that a district court acted within its authority when imposing attorney fees as a sanction for bad-faith conduct. Russell Chambers, director and lone shareholder of Calcasieu Television and Radio, Inc., agreed to sell his …
Muslim Prisoners' Allegation Of Forced Pork Handling States Claim by In this brief opinion, the U.S. Fifth Circuit Court of Appeals held that Muslim prisoners who brought a civil rights suit against prison officials for allegedly forcing them to handle pork stated a claim upon which relief could be granted. …
$32,500 Awarded to Citizens for Louisiana Prisoner's Escape by The Supreme Court of Louisiana held the State is liable for damages incurred by a prisoner in the process of escape. After a bench trial court awarded damages of $17,500 to Alvin Wilson and $15,000 to Ed Hillard, Jr. The Appeals …
