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Disciplinary Hearing Violations Enjoined by A federal district court entered an injunction in a class action suit which challenged the systematic denial of due process in prison disciplinary hearings. Prisoners at the Statevile Correctional Center in Illinois filed a class action suit claiming they were denied due process under a …
Probable Cause Required for Visitor Body Cavity Search by A federal district court in Utah held that prison officials must have probable cause and a valid search warrant before subjecting a prison visitor to a body cavity search. Stana Laughter is married to a Utah state prisoner. Laughter visited her …
Article • August 15, 1998 • from PLN August, 1998
Bureau of Prisons Estopped from Denying Sentence Reduction by A federal district court in Colorado granted a habeas corpus petition reducing a federal prisoner's sentence by one year for successfully completing a drug treatment program. The court held the BOP was estopped from denying the sentence reduction having initially granted …
Article • August 15, 1998 • from PLN August, 1998
WI Guard Settles Discrimination Suit for $105,000 by Ablack prison guard who filed a discrimination suit against the Wisconsin Department of Corrections agreed to a $105,000 settlement in December, 1997, shortly after a U.S. district court judge ruled the case would go to trial. An unusual term of the settlement …
No Interlocutory Appeals in Decree Terminations by The court of appeals for the Sixth circuit held that it lacks jurisdiction to hear interlocutory appeals in motions to terminate consent decrees. In 1984 the United States sued the state of Michigan over unconstitutional prison conditions. The lawsuit was settled with a …
Pennsylvania Consent Decree Clarified by Afederal district court in Pennsylvania held that a consent decree was applicable only to prisoners confined to six prisons named therein. The court further held that violations of the decree could be considered by the court in contempt proceedings. However, the court would only entertain …
Injury Required to Enforce Grand Jury Law by The court of appeals for the District of Columbia circuit held that while individuals can seek judicial enforcement of a law requiring that evidence be presented to a grand jury, the party seeking enforcement must allege injury in order to have standing. …
Article • July 15, 1998 • from PLN July, 1998
PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Article • July 15, 1998 • from PLN July, 1998
Seventh Circuit Upholds Constitutionality of Physical Injury Requirement by The court of appeals for the seventh circuit upheld the constitutionality of section 803(d) of the Prison Litigation Reform Act (PLRA) which limits money damages to only those cases involving physical injury. Several Indiana state prisoners filed suit under the Eighth …
Sexual History Evidence Limited in Rape Suit by Afederal district court in New Mexico held that private prison officials were limited in what questions they could elicit about a prison rape victim's sexual history. Tanya Giron is a prisoner who was forcibly raped by private prison guard Danny Tor2ez while …
Article • July 15, 1998 • from PLN July, 1998
Criminal History Inadmissable for Impeachment by In a ruling useful to prisoner litigants whose claims go to trial, a federal district court in New York gave a detailed discussion on the limits of using prior criminal history to impeach the testimony of felon witnesses. While not involving prison or jail …
U.S. Supreme Court Rejects Heightened Pleading Standards for Intent Based Claims by Paul Wright By Paul Wright On May 4, 1998, the United States supreme court held that civil rights plaintiffs do not have to meet a heightened standard of pleading when filing suit against government officials. Lawsuits alleging an …
Transgender Treatment Questioned by The court of appeals for the seventh circuit issued a ruling that prisoners suffering from gender dysphoria (i.e., transexualism) are not entitled to curative treatment under the eighth amendment. The ruling is extremely unusual in that it comes as an "advisory opinion." A long standing judicial …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
Involuntary Medical Experiments Violate Due Process by The court of appeals for the ninth circuit held that doctors who administer drugs without a patient's consent for research purposes violate the right to substantive due process. The court also held that fact questions existed which precluded summary judgment. Charles Johnson was …
Article • June 15, 1998 • from PLN June, 1998
Illinois Court Access Suit Dismissed by When the U.S. supreme court decided Lewis v. Casey , 116 S.Ct. 2174 (1996) [ PLN , Aug. 1996] PLN noted that the ruling essentially gutted prisoners' right of access to the courts and made it virtually impossible for class action court access claims …
Article • June 15, 1998 • from PLN June, 1998
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
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