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Court Terminates 1975 Minnesota Disciplinary Hearing Consent Decree by The court terminates 1975 consent judgment concerning disciplinary due process At 1007: A "Federal right" does not include rights established by consent decrees There is no evidence of current or ongoing violations Plaintiffs suggested that further investigation might uncover some, but …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Brief • February 18, 2008
Filed under: Malicious Prosecution
Sykes v Anderson, et al., MI, Plf Supp Trial Brief, malicious prosecution, 2008 Case 2:05-cv-71199-NGE-RSW Document 169 Filed 02/18/2008 Page 1 of 20 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KIMBERLY SYKES, Plaintiff, Case No. 05-71199 Honorable Nancy G. Edmunds Magistrate Judge R. Steven Whalen vs. DERRICK …
Ninth Circuit Holds Washington DOC Immune From Suit for Denial of Community Custody Early Release by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the Secretary of the Washington State Department of Corrections (WDOC) was qualifiedly immune from suit by prisoners who claimed …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
Article • January 15, 2008
Non-English Speaking Fed Prisoner Entitled to Representative at Prison Disciplinary Hearing by In 1976, Aharon Ron, a federal prisoner in Lexington, Kentucky, was found hiding in a barn with his visitor. He was infracted for being in an unauthorized area. Ron didn't understand English very well and, when presented with …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Texas Parole Law Remanded for Ex Post Facto Ruling by Gary Hunter By Gary Hunter Texas prisoner Wilson Brown, a convicted sex offender, went to prison in 1989. At the time Brown was convicted, all Texas prisoners required only two favorable votes to make parole. In 1993, the parole board …
Article • January 15, 2008
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Oklahoma Discipline Vacated Following Ruling in Gamble; No Evidence Violates Due Process by The Tenth Circuit Court of Appeals held that an Oklahoma prisoner was denied due process of law when he was punished in the absence of evidence to support the disciplinary violation. Oklahoma prisoners "are required to keep …
Police Informant's Identity Protected; Investigation Spurred by Accusation Merit Less by Pennsylvania policeman Mathew Barton appealed the dismissal of his action to compel Inspector Ralph Penco, the Police Commissioner, and the City of Philadelphia to disclose the identity of an informant who accused him of receiving stolen property. No action …
Fed Prisoner's FOIA Request for Investigation-Related Documents Properly Denied by In 1997, Willie E. Boyd, a federal prisoner, was convicted of charges related to a gun and bag of cocaine found in his girlfriend's closet. He later discovered that his girlfriend's brother was a government informant who had sold drugs …
Foreign Fugitive Awards May Fall Under FSIA’S Commercial Activity Sovereign Immunity Exception by Foreign Fugitive Awards May Fall Under FSIA'S Commercial Activity Sovereign Immunity Exception Jose Guevara filed suit against the Republic of Peru and two Peruvian officials in 2001 for failure to fulfill a contract. The suit was removed …
Food Deprivation & Pink Clothing Imposed for Violating South Carolina Prison Rules by David Reutter by David M. Reutter South Carolina?s Commissioner of Corrections, Jon Ozmint, has embraced hardcore disciplinary methods to deal with prisoners who violate prison rules. Such punishments include depriving prisoners of food and requiring them to …
Prisoner’s Oral Complaints Worthy of First Amendment Protection; by Prisoner's Oral Complaints Worthy of First Amendment Protection;  $1 in Damages and $1.50 in Fees Awarded The Seventh Circuit Court of Appeals has held that a prisoner's oral complaints about matters of "public concern" that are designed to "urge a change …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
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