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Article • May 15, 2007
Sixth Circuit Rules Tennessee Prisoner Has Liberty Interest in Parole by The Sixth U.S. Circuit Court of Appeals has vacated and remanded a Tennessee Federal District Court's dismissal of a Tennessee prisoner's 42 U.S.C. §1983 suit as having no basis in law or fact. Alvin Seagroves, a Tennessee state prisoner …
Article • May 15, 2007
No Legal Malpractice Claim Without Post-Conviction Relief by The Supreme Court of Tennessee held that a prisoner could not sue his former defense attorneys for legal malpractice unless he won post-conviction relief. Defendant and numerous co-defendants were arrested and indicted on federal drug charges. Defendant's attorneys asked him to persuade …
Article • May 15, 2007
Different Standards for Incoming/Outgoing Mail Censorship by The Sixth Circuit Court of Appeals noted in a Tennessee case that there are two separate standards to be applied to prisoner mail censorship cases. Incoming mail censorship is governed by the test announced in Thornburgh v. Abbott, 490 U.S. 401, 109 S.Ct. …
PLRA Applies to Private Prisons by Upholding a Tennessee federal district court, the U.S. Sixth Circuit Court of Appeals ruled as meritless and frivolous a Wisconsin prisoner's suit against the Corrections Corporation of America (CCA). Jerald Treat, a Wisconsin prisoner incarcerated at the CCA-owned and operated Whiteville Correctional Facility (WCF) …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed by Summary Judgment of Tennessee Prisoner's Appeal of Disciplinary Ruling Reversed In this case involving a prison disciplinary proceeding, the Tennessee Court of Appeals held that material factual disputes surrounding a prisoner's waiver of his right to 24-hour notice and …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition by Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition The Tennessee Court of Appeals held that because a state prisoner housed at a privately operated prison was not an "inmate" within the statutory definition, he was not required …
Article • May 15, 2007
Tennessee Prisoner Not Responsible for Failure to Prosecute by On May 27, 2003, the Tennessee Court of Appeals reversed an order dismissing for failure to prosecute a prisoner's pro se lawsuit against the state. State prisoner Russell Wellington claimed that while imprisoned at the Riverbend Maximum Security Correctional Facility he …
Article • May 15, 2007
Paraplegic Prisoner's Medical Neglect Claim Upheld on Appeal by The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the U.S. District Court, Western District of Tennessee, in a lawsuit filed by Larry M. Leach, a paraplegic prisoner. Leach sued the Mayor and Sheriff of Shelby County …
Article • May 15, 2007
PLRA Not Applicable In Habeas Cases by The United States District Court for the Western District of Tennessee held that the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915, did not apply to habeas corpus petitions filed pursuant to 28 U.S.C. § 2241. Mahamadou Sillah, a native …
Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated by Prisoner's Dismissed § 1983 Assault Claim Against TransCor America Reinstated The U.S. Sixth Circuit Court of Appeals, vacating a Tennessee federal district dismissal, reinstated a prisoner's civil rights lawsuit against TransCor America for Eighth Amendment violations. Juan Castillo, a …
Retaliatory Harassment and Transfer of Law Clerk Nets $2,100 Award by A federal district court in Tennessee, after a bench trial, held that the Warden at Tennessee State Prison (TSP) violated a prisoner's right to access to the courts for taking retaliatory action against the prisoner. After the prisoner helped …
Estate of Murdered Tennessee Prisoner Awarded $75,000 by In January 1999, a Tennessee court awarded $75,000 to the estate of a prisoner who was attacked and killed by another prisoner. The estate claimed that prison officials were negligent for housing the decedent with a convicted murderer who had previously threatened …
Article • May 15, 2007
No Due Process Violation For Termination Of Incarcerated Father's Parental Rights by No Due Process Violation For Termination Of Incarcerated Father's Parental Rights The Tennessee Court of Appeals upheld the termination of a Federal prisoner's Parental rights as not violating due process. The father's rights were terminated by the trial …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
Article • May 15, 2007
Non-Profits Denied Right to Intervene in Mental Disability Case by The United States and private plaintiffs sued the state over the treatment of mentally retarded and disabled persons. After relief had been preliminarily approved, an association of nonprofit agencies who provide service to those persons, mostly with government funding, sought …
Article • May 15, 2007
Private Contractors Bound by State Consent Decree by A consent decree between Medicaid patients and the state is binding as a matter of due process upon HMO's who were agents of the state and contracted with it, where their contracts acknowledged that additional appeal process guidelines might be developed and …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
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