Search | Prison Legal News

Virginia Grooming Rules Upheld

Article • May 15, 2007

Filed under: Prisoner Privileges, Grooming Rules, Religious Grooming

Virginia Grooming Rules Upheld by The plaintiffs challenged a grooming policy requiring short hair, prohibiting facial hair except for trimmed mustaches, and prohibiting braids, plaits, dreadlocks, cornrows, partially shaved heads, designs, etc. There is a medical exception but not a religious one. The policy is modeled after the South Carolina …

Sexually Intrusive Public Pat Search Violates Constitution

Article • May 15, 2007

Filed under: Searches, Pat Searches, Police Searches

Sexually Intrusive Public Pat Search Violates Constitution by The plaintiff was arrested on misdemeanor noise charges and subjected to a search that amounted to a pat frisk inside her dress, under which she was wearing nothing, in which the officer allegedly swiped his hand across her groin area, at which …

Native American Religious Restrictions Upheld

Article • May 15, 2007

Filed under: Religious Freedom, Religious Practices

Native American Religious Restrictions Upheld by The Native American plaintiff complained of various religious restrictions. The defendants would not let the plaintiff "smudge" with herbs (i.e., burn them), but would allow him to use "nonaddictive tobacco" (what's that?) instead. The policy is a generally applicable regulation, not promulgated to punish …

Restrictions on Voodoo Practices Upheld

Article • May 15, 2007

Filed under: Religious Freedom, Religious Practices

Restrictions on Voodoo Practices Upheld by The plaintiff alleged that the defendants' refusal to allow items needed for his religious practice including oils, powders, incense, candles, botanicals (roots, herbs, barks and berries), stones, Talisman, and charm bags violated the First Amendment. His complaint identified his religion as Egyptian Freemasonry, but …

Jail Not Liable in Suicide Case

Article • May 15, 2007

Filed under: Mental Health, Suicides

Jail Not Liable in Suicide Case by The decedent committed suicide in jail and his estate brought state tort and federal constitutional claims. Under Virginia law, an adult detainee who hanged himself committed common law suicide, and the estate could not recover on wrongful death and gross negligence claims unless …

Back Injury Treatment Suit Dismissed

Article • May 15, 2007

Filed under: Medical, Skeletal Injury

Back Injury Treatment Suit Dismissed by The plaintiff suffered from a degenerative disc condition resulting in intense pain; the defendants provided only medication and bed rest as treatment. The plaintiff's back problem was a serious medical need. However, there is no showing of deliberate indifference, since the plaintiff was seen …

Preliminary Injunction Denied in Virginia Lethal Injection Challenge

Article • May 15, 2007

Filed under: Death Penalty/Death Row, Death Penalty

Preliminary Injunction Denied in Virginia Lethal Injection Challenge by The plaintiff sought a preliminary injunction in the form of a stay of execution based on his claim that the means by which he was to be executed violated the Eighth Amendment. Virginia law lets the condemned person choose the method, …

Proactive Sheriff Not Liable for Assault in Overcrowded Jail

Article • May 15, 2007

Filed under: Conditions of Confinement, Failure to Protect (General), Overcrowding

Proactive Sheriff Not Liable for Assault in Overcrowded Jail by The two plaintiffs were subjected to serious assaults by other prisoners. While the plaintiffs were subjected to an objectively serious risk, the Sheriff was not deliberately indifferent. He inherited an aged, overcrowded jail but began an aggressive campaign to clean …

IFRP Exempt from Privacy Act

Article • May 15, 2007

Filed under: Money/Property, Seizure of Prisoner Funds, Trust Accounts, Privacy Act

IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …

Virginia Jail Fees Upheld

Article • May 15, 2007

Filed under: Money/Property, Booking Fees

Virginia Jail Fees Upheld by The failure to transfer the plaintiff promptly to a prison from a local jail did not violate his rights, since an inmate has no constitutional right to be held in any particular prison. (805) Virginia's prison transfer regulations convey no liberty interest in a specific …

Police Denied Qualified Immunity for Fabricated Evidence

Article • May 15, 2007

Filed under: Police Misconduct, Malicious Prosecution, Searches, DNA Testing/Samples, Wrongful Conviction, Qualified Immunity, Death Penalty

Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …

Hernia Suit Dismissed for Lack of Injury

Article • May 15, 2007

Filed under: Systemic Medical Neglect, Skeletal Injury, Hernias, PLRA, Administrative Exhaustion (PLRA), Physical Injury Rule

Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …

From the Editor

Article • May 15, 2007 • from PLN May, 2007

Filed under: Police Misconduct, Crime/Demographics, Criminal Prosecution, Evidentiary Ruling

From the Editor by Paul Wright This issue marks PLN?s 17th anniversary and our 205th issue since we first started publishing in May, 1990. This makes PLN the longest published, by far, independent prisoner publication in US history. About 95% of PLN?s articles remain written by current or former prisoners …

Denial of Medical Care by Police to Force Confession Illegal

Article • May 15, 2007

Filed under: Injury -- Misc., Police, Excessive Force (Police)

Denial of Medical Care by Police to Force Confession Illegal by The court of appeals for the Fourth circuit held that a district court erred in dismissing a Virginia jail detainee's claim that he was denied medical care by police detectives attempting to force him to confess to a crime. …

Okay to Stamp Mail as Originating in Jail

Article • May 15, 2007

Filed under: Mail, Mail Regulations

Okay to Stamp Mail as Originating in Jail by A federal district court in Virginia dismissed as frivolous a lawsuit challenging a jail practice of stamping outgoing envelopes as having originated in a jail. All courts to consider this practice have upheld it. See: Rogers v. Isom, 709 F. Supp. …

Catalyst Theory Allows Fees in Strip Search Suit

Article • May 15, 2007

Filed under: Searches, Strip Searches, Arrestee Searches, Attorney Fee Awards

Catalyst Theory Allows Fees in Strip Search Suit by The court of appeals for the Fourth circuit held that a plaintiff who voluntarily dismissed a lawsuit challenging a Virginia jail strip search policy, after state law was changed to ban such searches, was entitled to attorney fees for time spent …

Religious Name Changes Allowed

Article • May 15, 2007

Filed under: Religious Freedom, Religious Names

Religious Name Changes Allowed by The court of appeals for the Fourth circuit held that a Virginia statute prohibiting prisoners from changing their names while imprisoned was unconstitutional. Prisoners were forbidden from changing their names for religious or other reasons and would have their mail rejected if they did. The …

Damage Award Upheld in Vaginal Search

Article • May 15, 2007

Filed under: Searches, Body Cavity Searches, Supervisory Liability

Damage Award Upheld in Vaginal Search by The court of appeals for the Fourth circuit upheld a damage award of $4,000 to a Virginia prisoner who forcibly had her vagina searched by male and female guards for matches. Lower court held search was otherwise reasonable, but not with male guards …

Wicca Is a Religion

Article • May 15, 2007

Filed under: Injunctions, Religious Freedom, Denial of Religious Services, Religious Practices, Religious Property, Religion Defined

Wicca Is a Religion by Wicca is a Religion The court of appeals for the Fourth circuit held that Wicca is a religion for First amendment purposes, but that a district court erred in granting a Virginia prisoner an injunction to have various religious items (white hooded robe, candles, statute, …

Virginia Jail Strip Searches Illegal

Article • May 15, 2007

Filed under: Searches, Strip Searches, Arrestee Searches

Virginia Jail Strip Searches Illegal by The court of appeals for the Fourth circuit held it was unconstitutional to strip search Virginia detainees arrested for traffic and other minor offenses. Probable cause that the person is carrying contraband is required before such strip searches can occur. Case was reversed and …