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Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
WI Release Fund Can Be Used to Pay Filing Fee by A federal district court in Wisconsin held that a Wisconsin state prisoner transferred to a private prison in Tennessee cannot have funds from his release account transferred to his general trust account. The release account is created under a …
Article • May 15, 2007
Wisconsin: PLRA Does Not Apply to Out of State Prisoners by A Wisconsin appellate court held that a Wisconsin prisoner held at a private out-of-state prison or jail is not a "prisoner" as defined by Wisconsin's Prison Litigation Reform Act (PLRA). First, the court determined that the definition of "correctional …
Article • May 15, 2007
Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail by The U.S. Third Circuit Court of Appeals held that pretrial detainees have a liberty interest in remaining at a local jail, but convicted prisoners have no right to stay at a given prison. In May 1973, the warden and …
Work Release Removal May State Claim by The Seventh Circuit Court of Appeals held a prisoner's complaint that alleged due process and. equal protection claims relative to his removal from work release stated a claim. The civil rights action filed by a prisoner held at Illinois' Stateville Correctional Center sought …
Article • May 15, 2007
Conspiracy to Retaliate Against Jailhouse Lawyer Claim Stated; Equal Protection Claim Stated for Lifer Discrimination by An Iowa Federal District Court held a prisoner at the Anamosa State Penitentiary pled claims of retaliation and denial of equal protection for his "lifer" status that are sufficient to defeat dismissal. The prisoner …
Article • May 15, 2007
Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …
No Liberty Interest in Virginia Jail Work Release by The court of appeals for the Fourth Circuit held that the Riverside Regional Jail Authority in Virginia is a municipal agency and not a branch of state government, therefore they are to entitled to Eleventh amendment immunity from suit. The court …
No Liberty Interest in Interstate Prison Transfer by A Hawaii prisoner filed suit after being moved from a Hawaii prison to one in California. After a "program committee" labeled him a troublemaker, the prisoner was notified of an impending hearing and he retained counsel. The committee recommended after the hearing …
Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …
$1,882.80 For Falsely Labeling Prisoner As "Sex Offender" by $1,882.80 For Falsely Labeling Prisoner As "Sex Offender" On October 27, 1997, Gene Palmer pleaded guilty to the third degree assault of Timothy Barker. The incident arose when Mr. Barker entered Mr. Palmer's house without permission and a fight ensued. Mr. …
FL Country Club Settles For $475,000 With Golf Cart Driver by On August 6, 2002, Joseph Gautette was driving a golf cart at the Cobblestone Country Club in Stuart, Florida. He was injured when he collided with a maintenance vehicle being driven by a prisoner in a work release program. …
Article • May 15, 2007
BOP Early Release Withdrawal Arbitrary And Capricious; Release Ordered by By Bob Williams The United States District Court for the Northern District of California has ordered early release for a Bureau of Prisons (BOP) prisoner who successfully completed a 500-hour drug addiction program. The Court found the withdrawal of a …
Article • May 15, 2007
Filed under: Classification, Parole
MO Prisoner's 1983 Action to Correct Parole Record Dismissed as Frivolous by John Quincy Adams, a Missouri state prisoner, was denied parole based on records stating that he was an alcoholic. He filed suit in a federal district court under 42 U.S.C. § 1983, seeking correction to his parole record …
Article • May 15, 2007
Inevitable Arrest Precludes Downward Departure Sentence for Escape by The Ninth Circuit Court of Appeals has held that a prisoner being sentenced for escape was not entitled to a downward departure sentence for voluntarily surrendering because his willingness to cooperate arose in connection with his arrest for trespassing. Christopher Blandin …
Article • May 15, 2007
Arkansas Jailers Not Responsible for Prisoner's Beating by Scott Crow, a state prisoner in Arkansas' Faulkner County Detention Center (Jail), was punched and his jaw broken by a prisoner in his cell. He sued several jail administrators under 42 U.S.C. § 1983 in federal district court. Although the defendants knew …
$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …
Article • May 15, 2007
New York Prisoners Get Credit for Jail Time Spent in Other States by In 1989, Donald Guido was arrested on charges in Florida. New York State promptly lodged a warrant against him on pending New York charges. He spent 411 days in Florida jails before the Florida charges were dismissed. …
Article • May 15, 2007
Prisoner Found Negligent, Ordered to Pay $40,000 in Attorney Fees by A 31-year-old Florida prisoner was assigned to work on a sanitation truck on a work release squad from Zephyrhills Correctional Institution when the truck struck a pole, throwing him from the truck. The prisoner sustained a TMJ and cervical …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
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