Bivens Action Unavailable Against Federal Private Prison Employees by The U.S. Court of Appeals for the Eleventh Circuit held that a federal prisoner incarcerated at a privately operated prison may not pursue a Bivens action against private prison employees for violating his Eighth Amendment rights. Luis Francisco Alba, a federal …
Federal Supervised Release Must be Credited for Time Served on Prior Revocations by Federal Supervised Release Must be Credited for Time Served on Prior Revocations The Eleventh Circuit Court of Appeals held that the maximum allowable period of federal supervised release following multiple revocations must be reduced by the aggregate …
Guards Presence Not Necessary During Deposition in Georgia by A Georgia federal district court has held that refusal to participate in a deposition is not sufficient to warrant dismissal. This case was filed by prisoner Stanley Farley for a retaliatory beating by guards at Georgia State Prison. He was beaten …
$23,000 in Costs Assessed Against Ex-Prisoner for Scam Lawsuit by A Georgia federal district court has taxed costs of $23,000 against an ex-prisoner after a jury entered a verdict for prison officials. The jury’s verdict rejected the prisoner’s claim of cruel and unusual punishment and accepted the prison officials’ claim …
Executing the Innocent? by David C Fathi By David C. Fathi At 7 p.m. on September 23, the state of Georgia plans to execute Troy Anthony Davis. That by itself is unremarkable; Georgia has carried out 42 executions since 1983, including two since May of this year. What makes this …
$250,000 Settlement After Federal Prisoner Dies From Undiagnosed Heart Attack by Georgia State resident Janie Federick, administrator of deceased federal prisoner Ronnie Ruff's estate, and Ruff's family, brought a federal tort action against the United States in 2002. Federick alleged that a lack of standard medical care proximately resulted in …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
Governments, Not Prisoners, Must Pay Cost of Transporting Prisoner Witnesses by A federal court in Georgia held that costs taxed against an incarcerated litigant who lost his lawsuit could not include the cost of transporting prisoner witnesses to testify at trial. Dexter Palmer, a Georgia state prisoner, filed a civil …
Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David Reutter Georgia Sheriff Must Give Revenue from Prisoner Phone Calls to County by David M. Reutter The Georgia Court of Appeals has held that a sheriff must turn over to the county all revenue from a profit-sharing …
Bradshaw v State, GA, Sex Offender Life Sentence Ruling, 2008 In the Supreme Court of Georgia Decided: November 25, 2008 S08A1057. BRADSHAW v. THE STATE BENHAM, Justice. Cedric Lavell Bradshaw was found guilty in a bench trial of failing to register as a convicted sex offender in that, he had …
Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA by Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA The Eleventh Circuit Court of Appeals has ordered a Georgia federal district court to terminate a permanent plan for charitable donations from the Inmate Welfare Fund at the Glynn County Detention …
BOP Suit Dismissed for Non Exhaustion by A federal prisoner's damage claim is dismissed under Alexander v Hawk He failed to comply with a rule requiring that the BP-9 form be attached to the BP-10 form on appeal, even though given a second opportunity to comply with the rule At …
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Suit Over Mental Patient’s Murder Dismissed by The decedent was strangled by another mental patient, who had the previous day threatened to kill someone in order to be transferred to the other building, and who had attempted to choke another patient previously. The defendant doctor had met with the assailant …
Prison Beating Claim Subject to Exhaustion by Use of force claims are prison conditions claims for purposes of exhaustion. At 1365: The court treats exhaustion as jurisdictional, interpreting a line in Alexander v. Hawk for more than it probably is worth and ignoring all contrary case law. A statement from …
1992 Order to Change Georgia Jail Conditions Lifted Under PLRA by Cherokee County, Georgia Sheriff Roger Garrison moved for the termination of a 1992 consent order implemented to improve conditions at the county jail. The motion was granted because no current or recent violations had been proven. In 2002 the …
Statute of Limitations May Toll While Prisoner Exhausts Administrative Remedies by In 2003, William Howell, a state prisoner, sued jail guards in federal district court under 42 U.S.C. § 1983 for an incident that occurred over two years before he filed suit. Since the applicable statute of limitations was two …
Georgia Sheriff, Judges, Other Officials Face Misconduct, Criminal Charges by David Reutter In November 2007 a federal grand jury issued an indictment charging Clinch County, Georgia Sheriff Winston C. Peterson, 62, with perjury, using forced prisoner labor and extorting former jail prisoners. Peterson’s indictment marked the second time in the …
Junk Bonds to Junk Science? Drug Treatment Program Questioned by Greg Dober by Gregory Dober What was worth approximately $554 million in 2007 and is valued at about $94 million today? The correct answer is the stock market value of a firm formerly known as Alaska Freightways Inc., a shell …
