Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
Federal District Court Awards Missouri Prisoner $2,500 For Excessive Force by On January 25, 2005, a Missouri prisoner was awarded $2,500 for pain and suffering incurred when guards kicked him in the groin. Lance A. Cole, 24, was arrested for violating his probation by possessing a gun. A day earlier …
Los Angeles County Jail Tests Prisoner Radio ID Tags by by John E. Dannenberg The Los Angeles (L.A.) County Sheriff's Department will spend $1.5 million to install a computerized radio ID tag system in 2006 to monitor the location of 1,900 prisoners at the Pitchess Detention Center (county jail) in …
Lethal Injection Painful, Study Suggests; U.S. Supreme Court to Consider Issue by by Michael Rigby Hundreds of prisoners killed by lethal injectionthe preferred method of execution in 37 states and the federal Bureau of Prisonsmay have suffered agonizing deaths due to a routine failure to administer enough anesthesia, according to …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …
Supreme Court Holds Penalty Phase by Supreme Court Holds Penalty Phase Shackling Violates the Due Process In a 7-to-2 decision that Justices Thomas and Scalia criticized as shunning common sense and risk[ing] the lives of courtroom personnel, with little corresponding benefit to defendants," the United States Supreme Court held that …
U.S. Finally Outlaws Execution of Children by by Marjorie Cohn Today, the Court repudiated the misguided idea that the United States can pledge to leave no child behind while simultaneously exiling children to the death chamber. Dr. William F. Schulz, Executive Director, Amnesty International Until March 1, 2005, the United …
Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison by Matthew T. Clarke On September 14, 2004, the St. Louis suburb of Dellwood settled a suit by a woman wrongfully convicted of murder for $7.5 million. …
Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme by Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme The Missouri court of appeals has held that because a Missouri Supreme Court Rule 29.15 motion is not a civil action encompassed by the state's Prison Litigation Reform Act (PLRA), Mo. …
CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman by Robert H. Woodman On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
BOP Medical Detainees Not Subject to PLRA by In a brief per curiam opinion, the court of appeals for the Eighth circuit held that a Federal Medical Center detainee in Missouri was exempt from the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The …
Prison Mailbox Rule Applies to Civil Rights Complaint by Jon Michael Withrow Prison Mailbox Rule Applies To Civil Rights Complaint by Jon Michael Withrow The U.S. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding …
Disabled Missouri Prisoner Awarded Backpay after Passing GED Test by The U.S. District Court for the Eastern District of Missouri found that a disabled prisoner was entitled to backpay because he was not reassigned to a premium pay job after he successfully passed the GED test. James Arlt Jr, a …
Missouri Jail Guard Convicted of Urinating on Prisoners, County Settles for $100,000 by The recent sentence imposed on a jail guard exhibits the disparities in physical integrity to which prisoners are entitled. This is revealed upon review of the sentence the guard received for urinating on prisoners and that imposed …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Warden's False testimony at Death Sentence Hearing Okay by The petitioner was convicted of murdering another prisoner and was sentenced to death. At the penalty phase, the warden testified that he thought a death sentence had "quite an effect" on the prison population and a life sentence had "very little …
Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals by Sovereign Immunity Does Apply to Fees on Prospective Relief; Hourly Rate Awarded at Current Market Rate for Paralegals The U.S. Supreme Court, in an action where prospective relief was granted, held …
