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Article • March 15, 1996 • from PLN March, 1996
Transexuals Entitled to Treatment by The court of appeals for the tenth circuit has held that transsexual prisoners state a cause of action under the eighth amendment when they are not provided with any medical treatment by prison officials. The court also held that parties must be given notice when …
Article • March 15, 1996 • from PLN March, 1996
Fact Disputes Not Immediately Appealable by The court of appeals for the eighth circuit has ruled that it lacks jurisdiction to hear interlocutory appeals by prison officials challenging the sufficiency of the evidence against them. Milton Sanders, a Missouri state prisoner, filed suit claiming his eighth amendment rights were violated …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
The Cost of Litigation by Arizona Reader by an Arizona Reader In an era of prison bashing the focus on "frivolous lawsuits" rests fundamentally on those filed by prisoners. The question, "Why are the lawsuits necessary?", has yet to be asked, or answered. The turn-of-the-coin may, in a small but …
Prisoner ADA Suit Wins at Trial by John Emry by John Emry, Attorney at Law Below is a report of a trial and recent retrial [ Cleo Love v. Westville Correctional Center, USDC, Northern District, South Bend Division, Indiana; 3:94CV0371RM] which had interesting results: Plaintiff, a quadriplegic confined to a …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Private Prisons Get Qualified Immunity by As the number of privately run, for profit, prisons grows, so too will litigation involving them. There is little case law involving private prisons. In this case a federal district court held that employees of a prison (run by the Wackenhut Corporation) in Louisiana …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Article • February 15, 1996 • from PLN February, 1996
Alaska Overcrowding Fines Increase by In the November 1995, issue of PLN we reported on prison overcrowding in Alaska. In 1981 Alaska prisoners filed a class action suit challenging overcrowding and conditions in the prison system. The prisoners won most of the suit, the key aspect was a court ordered …
Jury Awards $39,000 in Texas Scalding by On September 21, 1995, a federal jury in Houston awarded Texas state prisoner Roland Rudd $39,000 in damages against prison guards Robert Bergeron and Leonardo Herrera. The jury found that the Bergeron splashed a pitcher of hot coffee on Rudd's face and refused …
Article • February 15, 1996 • from PLN February, 1996
Partial Filing Fee Allowed by The ninth circuit explicitly reaffirmed prior rulings which permit the district courts to collect a partial filing fee from prisoner litigants. Two California state prisoners sought to file § 1983 lawsuits in federal court. Both requested permission to proceed in forma pauperis, without paying the …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Court Access, Mootness
Court Access in Massachusetts DDU Challenged by Afederal district court in Massachusetts expressed severe reservations about the court access afforded to prisoners confined in that state's control unit, or Departmental Disciplinary Unit (DDU). Manuel Ferreira was placed in the DDU after being infracted for allegedly leading a group demonstration. He …
Article • February 15, 1996 • from PLN February, 1996
No Jurisdiction for Some Appeals by The court of appeals for the eighth circuit has held that it lacks jurisdiction to hear appeals on issues not decided on the merits in the district court. Marlon Robinson, a Missouri state prisoner, filed suit claiming prison officials were deliberate indifferent to his …
RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …
Article • February 15, 1996 • from PLN February, 1996
Jurors Challenge Tennessee Constitution by Two prospective jurors who were excluded from capital trials in Tennessee because of their religious objections to the death penalty have filed a temporary injunction against the state, charging that barring them violates the state constitution. They cite Article I, Section 6 of the document, …
No Immunity for Retaliatory Discipline by The court of appeals for the fifth circuit has reaffirmed that prison officials who retaliate against prisoners who exercise their constitutional rights are not entitled to qualified immunity. The court also held that district court orders refusing to dismiss pendent state law claims are …
$7,639.20 Awarded in Retaliatory Transfer by Afederal district court in Iowa awarded $7,639.20 in compensatory and punitive damages to a prisoner who was transferred from an Iowa state prison to Arizona in retaliation for suing and filing grievances against Iowa prison officials. The plaintiff, Alfonso Sisneros, was largely successful on …
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