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De Facto Ban on Live Testimony Unconstitutional by The court of appeals for the Seventh Circuit held that the Stateville (Illinois) Correctional Center policy of denying virtually all live witness testimony at prison disciplinary hearings, which could result in revocation of good-time credits, violates due process. However, the court vacated …
Article • April 15, 1999 • from PLN April, 1999
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Illegal Detention Violates Substantive Due Process by The court of appeals for the Seventh Circuit held that the detention of an individual for 57 days in a county jail on a civil contempt warrant "shocks the conscience" and violates substantive due process. The court further held that this right was …
Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
Article • April 15, 1999 • from PLN April, 1999
Seventh Circuit Defines Court Access Claims Involving Property by The court of appeals for the Seventh circuit held that prisoners cannot base court access claims on the loss of property unless that loss results in an ongoing hindrance or actual injury to an underlying claim. The court also discussed pleading …
Article • April 15, 1999 • from PLN April, 1999
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
Article • April 15, 1999 • from PLN April, 1999
No Appeal Allowed in Louisiana Consent Decree Dissolution by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear an appeal to a district court ruling that dissolved virtually all consent decrees governing prisons and jails in the state of Louisiana because the plaintiffs did …
Indiana May Not Deny Pay and Educational Programs to Protective Custody Prisoners by The Court of Appeals of Indiana has held that the Indiana Department of Corrections (DOC) violated state law, Title 11, Section 11-10-5-1 when it denied all education programs to prisoners in protective custody. The court held that …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
$1,500 in Disabled Prisoner Work Suit by The Eighth Circuit court of appeals has upheld the award of $1,500 against prison officials who forced a prisoner to perform manual labor which violated his medical work restrictions and resulted in injury. German Williams, an Arkansas state prisoner, was assigned a medical …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Article • March 15, 1999 • from PLN March, 1999
Florida Nicotine Addiction Suit Settled by The cover story in the January, 1998, issue of PLN , "Smoking, Lies and Hypocrisy," by Paul Wright, mentioned the case of Thomas Waugh. Waugh, a Florida prisoner, had sued Florida prison officials for failing to provide him with any type of treatment to …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Article • March 15, 1999 • from PLN March, 1999
AHCC Bulk Mail Ban in Miniken Settled by In the February, 1998, issue of PLN we reported Miniken v. Walter, 978 F. Supp. 1356 (ED WA 1997). In that ruling the court held that the Airway Heights Corrections Center's (AHCC) in Washington, ban on third class mail was unconstitutional as …
Full Court Overrules Clarke v. Stalder in Part by The court of appeals for the Fifth Circuit, sitting en banc, vacated the original panel decision in Clarke v. Stalder, 121 F.3d 222 (5th Cir. 1997), on rehearing. The majority opinion held that a prisoner was precluded from bringing a claim …
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Article • February 15, 1999 • from PLN February, 1999
Indiana Jail Ban on Publications Struck Down by In an unpublished ruling, on May 13, 1998, a federal district court in Indiana held that a county jail's policy prohibiting prisoners from receiving publications from any source outside the jail was unconstitutional. In 1997 the St. Joseph county jail in Indiana …
Arizona Jail Porn Ban Struck Down by The court of appeals for the Ninth circuit held that a jail rule banning all sexually explicit materials was unconstitutional. In 1993 the Maricopa county jail in Phoenix, Arizona, adopted rules banning all sexually explicit materials from receipt or possession by Jail prisoners. …
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer by A federal court in New Jersey has issued a temporary injunction to prevent state parole officials from notifying a paroled sex offender's employer of his parole status and criminal history. John Doe is a paroled New Jersey state sex …
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