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Religious Retaliatory Transfers Unconstitutional by The court of appeals for the Ninth circuit held that Alaska prisoners did not state a claim for relief that they were involuntarily transferred to out of state prisons. This occurred at a time when Alaska had no state prisons of its own, therefore felons …
Article • May 15, 2007
Transfer for Law Library Access by A Washington state prisoner was imprisoned in a minimum security prison which did not have a prison law library which negatively impacted his pending litigation. To provide court access prison officials transferred plaintiff to a maximum security prison with an extensive law library. Plaintiff …
Retaliatory Transfer Illegal by A federal district court in New Hampshire held that New Hampshire prisoners have no state created liberty interest in avoiding transfers to federal custody. However, such transfers violate the First amendment if done in retaliation for the prisoner's exercise of the right to court access. The …
Retaliation Claims Have Three Part Test by The court of appeals for the Eleventh circuit held that jailhouse lawyers do not have a constitutionally protected right to be law clerks or be at a specific prison; prisoners' assistance to others in legal matters and in writing the media complaining about …
Transferred Prisoners Entitled to Sending States Good Time Credits and Benefits by The court of appeals for the Eighth circuit held that an Arkansas prisoner transferred to Florida under the Interstate Corrections Compact was entitled to all good time credits and other benefits he would have received had he remained …
Prisoner Ordered Transferred to Escape Warden's Death Threats by The court of appeals for the Eighth circuit ruled that a notorious Arkansas prisoner's life was in danger after the prison warden threatened to kill him. The court ordered the prisoner's transfer to a state or federal prison outside of Arkansas …
Article • May 15, 2007
Filed under: Classification
No Due Process of BOP Central Monitoring System by The court of appeals for the Fifth circuit held that no due process is required before a BOP prisoner is placed on the BOP's Central Monitoring System. This ruling originating in Texas conflicts with rulings by other circuits holding otherwise. Prisoners …
Article • May 15, 2007
Filed under: Classification, Furloughs
No Right to Funeral Furlough by The court of appeals for the Seventh circuit held that an Indiana prisoner had no right under state or federal law to attend his stepfather's funeral. Furloughs from prison are discretionary decisions by prison officials. See: Merritt v. Broglin, 891 F.2d 169 (7th Cir. …
Article • May 15, 2007
Filed under: Classification, Transfers
Jail Transfer of Pretrial Detainee May Violate Right to Counsel by Jail Transfer of Pretrial Detainee may Violate Right to Counsel The court of appeals for the Second circuit held that the intra jail transfer of a Vermont pretrial detainee may violate his right of access to counsel. The court …
Article • May 15, 2007
Exclusion of Sex Offenders from Work Release Upheld by The court of appeals for the Eleventh circuit upheld an Alabama prison policy that excluded violent sex offenders from minimum security, work release and furlough programs. Interesting comment by the court is that few people commit more than one murder in …
Article • May 15, 2007
Women Prisoners Not Entitled to Work Release by The court of appeals for the Sixth circuit held that it does not violate the equal protection clause to ban women prisoners in Kentucky from work release facilities when male prisoners are allowed to use it. In doing so, the appeals court …
Article • May 15, 2007
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 …
Article • May 15, 2007
Prisoners Have No Liberty Interest in Prison Housing Assignment by Prisoners Have No Liberty Interest In Prison Housing Assignment The U.S. Supreme Court held that prisoners do not have a liberty interest in their prison housing assignments. A Massachusetts prisoner brought an action in federal district court alleging deprivation of …
Article • May 15, 2007
IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …
Work Release Prisoners Employees for FLSA Purposes by The U.S. Court of Appeals for the Fifth Circuit held gnat prisoners in a work release program were "employees" under the Fair Labor Standards Act (FLSA) and that their rights under the 13th Amendment (which forbids slavery and involuntary servitude) were not …
Article • May 15, 2007
WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences by WA DOC Must Award Good Time for Out-Of-State Time Served Concurrently With WA Sentences The Washington Court of Appeals for Division 3 (Div. 3) has ruled that the state Department of Corrections (WDOC) must award …
$9,000 Jury Award Against Missouri: Religious Halfway House by A Missouri federal district court upheld a jury's verdict and damage award, but reversed the award of punitive damages. The suit was filed by a probationer sentenced to the Agape House, a state sponsored halfway house in Sedalia, who alleged the …
Article • May 15, 2007
Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …
$1,063,000 Verdict in Florida Prisoner's Wrongful Death by This action was brought by the estate of decedent, who was in his 30's, alleging improper characterization of prisoners and negligent food distribution. The decedent was placed in a cell with a convicted murderer. A dispute erupted over orange juice. The ensuing …
Article • May 15, 2007
Heck Does Not Bar Damage Suit Alleging Violation of Extradition Procedures by The Eleventh Circuit Court of Appeals held a 42 U.S.C. section 1983 suit seeking damages and declatory relief for the violation of a state prisoner's federally protected extradition rights was not barred by Heck v. Humphrey, 512 U.S. …
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