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Veterans' Disability Check Unlawfully Seized to Pay State Restitution Fine by John E Dannenberg by John E. Dannenberg The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void …
Consultants Do Not Insulate Officials from Kosher Diet Liability by Consultants Do Not Insulate Officials from Kosher Diet Liability; Prisoner Loses $30,000 for Failing to Exhaust In an appeal by prison officials of a $30,000 punitive damage award for excluding a prisoner from participating in Jewish services and holidays, the …
Alabama DOC Settles Mental Health Class Action by James Quigley The U.S. District Court for the Middle District of Alabama approved a settlement agreement between a class of prisoners, defined as "all acutely or severely mentally ill male inmates who are presently or will in the future be incarcerated in …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Eighth Circuit: BOP Prisoners Have No Liberty Interest in Visits by by Matthew T. Clarke The Eighth Circuit court of Appeals held that the suspension of a prisoner's visitation rights with his wife and two other women for eighteen months was not a significant and atypical hardship and therefore did …
Article • July 15, 2003 • from PLN July, 2003
Texas Guard Stabbing Prisoner Not State Action Under § 1983 by The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983. Texas prisoner Fred Townsend was working as …
Appointment of Counsel in New Jersey Medical Suit by The U.S. Third Circuit Court of Appeals has vacated and remanded a New Jersey U.S. District Court's award of summary judgment against, and denial of appointment of counsel to, a pro se prisoner plaintiff. Jeffrey Montgomery, a New Jersey State prisoner …
Article • July 15, 2003 • from PLN July, 2003
Washington Supreme Court Reverses Parole Revocation for Failure to Record Hearing by The Washington Supreme Court recently reaffirmed its well-settled rule that parolees need not establish prejudice when challenging the Indeterminate Sentence Review Board's ("ISRB") parole decisions based on procedural violations. Because the Court of Appeals erroneously required a showing …
Article • July 15, 2003 • from PLN July, 2003
Joinder of Georgia Annual Parole Hearing Injunction is Rejected by The Eleventh Circuit US Court of Appeals rejected the attempt of a Georgia life prisoner to use the mechanism of joinder (Fed.RulesCiv.Proc. Rule 20(a)) to gain the benefit of another life prisoner's injunction providing for annual parole consideration hearings. James …
Article • July 15, 2003 • from PLN July, 2003
Expert Testimony Required to Prove Causation by The Eighth Circuit Court of Appeals held that a Missouri prisoner who suffered a stroke after being deprived of medication for hypertension for a month could not recover absent expert medical testimony on causation. Willie Robinson, a sixty-four year old man with a …
Guard's Prior Misconduct Wrongly Excluded from Rape Trial by The Ninth Circuit Court of Appeals held that the exclusion of evidence of a guard's prior improper sexual conduct against a former detainee warranted reversal. On Friday, January 31, 1997, Julie Ann Blind-Doan turned herself in to the Taft City Police …
Compensating the Wrongly Convicted, or Not by Matthew Clarke by Matthew T. Clarke Hundreds of thousands of men and women are hidden from society—social failures convicted of felonies—behind concrete walls and razor wire in isolated parts of our country. Nestled among them are society's silenced victims—the wrongfully convicted. Society is …
Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit by Wichita Kansas Pays $6.2 Million to Settle Detainees' Lawsuit On May 7, 2002, Wichita's City Council approved $6.2 million to be awarded to the 7,000 citizens who had their 14th Amendment rights violated. The suit filed by what the city …
Proof of Actual Rights Violation Required for Attorney Fee Award by The Ninth U.S. Circuit Court of Appeals, affirming the decision of a California Federal District Court, has held that a prisoner cannot be awarded attorney fees for winning a temporary restraining order (TRO) if the prisoner did not subsequently …
Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
Article • June 15, 2003 • from PLN June, 2003
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident by The Seventh Circuit Court of Appeals held that a district court erred in failing to make findings of fact on critical issues, excluding the deposition testimony of a prisoner as hearsay, and in failing to conduct a …
New Mexico Supreme court Affirms Dismissal of Phone Rate Suit by New Mexico Supreme Court Affirms Dismissal of Phone Rate Suit The New Mexico Supreme Court affirmed a district court's dismissal of an excessive phone rates case for failure to state a claim. Recipients of collect telephone calls from New …
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