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Article • May 15, 2008
Virginia Policy Prohibiting Staff From Marrying Prisoners Upheld by The plaintiff prison guard married a convicted felon, the father of her child, and resigned under pressure in light of the prison system's anti-fraternization policy. (The man was convicted and incarcerated after he fathered the child but before they got married.) …
Article • April 15, 2008
Turner v. Safley: High Drama, Enduring Precedent by David Hudson Turner v. Safley: high drama, enduring precedent By David L. Hudson Jr. First Amendment scholar 05.01.08 When one thinks of famous litigants or important First Amendment decisions, the name Leonard Safley and the case Turner v. Safley do not immediately …
Article • September 15, 2007 • from PLN September, 2007
Chains of Love by Siobhan O'Connor by Siobhan O?Connor Nearly half a million women are married to men in prison. Maintaining these relationships involves a constant struggle with an often unsupportive penal system, despite growing evidence that a healthy marriage is one of the best tools for rehabilitation. Welcome to …
Ninth Circuit: Prisoner is Protected by Legal Privilege but Not Marriage Privilege When Writing His Lawyer-Wife by A California state prisoner who was being tried in United States District Court for federal conspiracy, racketeering and murder offenses committed from state prison, and whose wife was his lawyer, was permitted to …
Article • May 15, 2007
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
$3,500 Paid in WA Guard's Sexual/Martial Harassment Suit by Marvin Price-Haberman was a guard at the Washington Corrections Center. In January 1994, she filed a sexual harassment complaint. Thereafter, she was subjected to retaliation. A lawsuit filed by Price-Haberman and her husband Robert Haberman, also a guard, alleged they were …
Article • May 15, 2007
Filed under: Family, Marriage
Prisoners Have Right to Marry by The court of appeals for the Eleventh circuit held that factual issues precluding summary judgment existed in a Florida prisoners lawsuit to marry a woman. Florida administrative rules barred prisoners sentenced to death, life in prison and other factors from marrying. Court found the …
Article • May 15, 2007
Prisoners' Rights to Correspond and Marry Upheld by The U.S. Eighth Circuit Court of Appeals, upholding the U.S. District Court for the Western District of Missouri, affirmed the rights of prisoners to correspond and marry. The case was a 42 U.S.C. § 1983, class-action suit against the Missouri Department of …
Article • May 15, 2007
Prisoners Have Right to Correspond and Marry by The U.S. District Court for the Western District of Missouri, in a class-action suit under 42 U.S.C. §1983, held that the Missouri Department of Corrections (DOC) policies prohibiting prisoner-to-prisoner correspondence and generally prohibiting prisoners from getting married, violated fundamental constitutional rights. The …
Article • May 15, 2007
Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months by Qualified Immunity Granted to Prison Officials for Delaying Prisoner's Marriage 12 Months The Seventh Circuit Court of Appeals held prison officials were entitled to qualified immunity for delaying the plaintiff's marriage for over 12 months. This action …
Article • May 15, 2007
Supreme Court Issues Test for Prison Rules by In response to a class action suit filed by prisoners, the U.S. Supreme Court ruled that a Missouri prison's mail regulations were constitutionally valid, but its policy of not allowing prisoner marriages without the warden's approval was not. The Court also established, …
No Liberty Interest in Washington Extended Family Visits by The Washington Supreme Court held that prisoners have no constitutionally protected liberty interest in the DOC's extended family visiting (EFV) program. The court also held that prison officials have broad discretion to approve or deny a prisoner's participation in the EFV …
Article • October 15, 2005 • from PLN October, 2005
Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Massachusetts DOC Denies Two, Approves One, Same-Sex Marriages by Matthew T. Clarke The Massachusetts Department of Corrections (DOC) has denied the request of two civilly-committed sex offenders to marry. It also denied a similar request by two other male prisoners, but …
Federal Prisoner Wins Right To Marry, Fees Awarded by A federal prisoner has settled his lawsuit against the Bureau of Prisons (BOP) for $175 and permission to marry his fiancée. The court also awarded attorney fees of $21,537.50 in a separate proceeding. On November 2, 2000, while imprisoned at U.S.P. …
Article • August 15, 2005 • from PLN August, 2005
Prisoners of Love: Good Advice for Those Separated By Walls But United by Love by by Matthew T. Clarke If you want to know the mechanics of how a Texas prison is run, you should read Behind the Walls by George Antonio Renauld [PLN Aug. 2003, p. 29]. It gives …
Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner by The Eleventh Circuit Court of Appeals has held that a concubine and her children could not sue for damages resulting from the cancer death of federal prisoner Jose Miguel Ruiz. This action was brought under the Federal Tort …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
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