Final Report on Ohio Prisoner Reentry Study by G.A. Bowers by G. A. Bowers The Urban Institute?s Justice Policy Center released in April 2007 One Year Out, the final report of its Returning Home study of nearly 300 former prisoners living in Cleveland, Ohio, one year after their release from …
Ohio Lawyer Suspended for Bilking Prisoners’ Families by Ohio Lawyer Suspended for Bilking Prisoners' Families On November 1, 2006, Ohio's Supreme Court suspended attorney Derek A. Farmer from the practice of law for two years. Admitted to the bar in 1999, Farmer became known as a prisoners' lawyer, maintaining a …
Columbus, Ohio Jail’s Seclusion Turns Parole Into Death March by Columbus, Ohio Jail's Seclusion Turns Parole Into Death March Columbus, Ohio's main incarceration facility has a fatal flaw. It is located so remote from public transportation--requiring walking miles along a dangerous freeway -- that prisoners happily paroled, but unable to …
Excessive Force And Medical Negligence Death In Youngstown, Ohio Arrest Settles For $350,000 From Police, $100,000 From PHS by John Dannenberg by John E. Dannenberg The death of a Youngstown, Ohio arrestee who was severely beaten by police and negligently treated by Prison Health Services? (PHS) contract jail medical staff …
Ohio Supreme Court Finds Sex Offender Labeling Without Hearing Constitutional by The Ohio Supreme Court has held that labeling a sex offender as a "sexually oriented offender" without a hearing does not violate the Confrontation Clauses or Due Process Clauses of the United States or Ohio Constitutions. In 1997, Ohio's …
Pennsylvania Prisoner Has Right to Diversity Jurisdiction to Ensure Access to Courts by The US Court of Appeals for the Sixth Circuit held that the US District Court for the Southern District of Ohio, erred when it dismissed a prisoners suit for lack of jurisdiction. A prisoner serving a life …
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
Ohio Prisoner Mail Censorship Rule Violates Due Process by The Sixth Circuit Court of Appeals held that an Ohio prison regulation authorizing the censorship of incoming prisoner mail was not unconstitutionally overbroad on its face but that it did violate due process. An Ohio prisoner's incoming mail, written on Ku …
Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down by Cincinnati's Ban on Travel in "Drug Exclusion Zones" Struck Down The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that a Cincinnati, Ohio, municipal ordinance banning persons convicted of …
Deliberate Indifference Survives Summary Judgment by The U.S. Southern District Court of Ohio determined a prisoner's claim of deliberate indifference should survive summary judgment. Morris Gulett, a white supremacist and pre-trial detainee, was housed in an eleven-man tank in the Montgomery County jail in Ohio. Each prisoner was confined to …
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Supreme Court Holds Double Celling Not Unconstitutionally Cruel and Unusual by The U.S. Supreme Court held that the policy of "double celling" did not constitute cruel and unusual punishment. Prisoners in an Ohio state maximum security prison brought action under 42 U.S.C. § 1983 against state officials alleging that policy …
Ohio Prisoners' Mail-Order Subscription Suit Held Not Frivolous by The U.S. Sixth Circuit Court of Appeals, vacating a federal district court's sua sponte dismissal, held that a suit brought by Ohio prisoners in custody of the Department of Rehabilitation and Correction (DORC) regarding DORC's withholding of certain mail-order magazines and …
No Liberty Interest in the Expectation of Parole by The United States Supreme Court ruled that a "liberty interest" does not attach to an expectation to be released on parole and a prisoner is not entitled to due process when anticipated parole is rescinded. George Van Curen, an Ohio Department …
Ohio State Prisoner Denied Visit with Ex-Guard by The Supreme Court of Ohio held that denial of unfettered visitation between a prisoner and a former prison guard was not unconstitutional, since visitation is not constitutionally guaranteed. Based on the former employee's training in security procedures, knowledge of facility operations and …
Ohio Prisoner Injured in Fall Loses State Negligence Suit by On August 24, 2004 an Ohio magistrate judge held that a state prisoner, who was injured in a fall while being escorted, failed to prove her negligence claim against the prison. Jennifer Wysong, a prisoner at the Ohio Reformatory for …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Prison Nurse's First Amendment Suit Struck Down by Summary Judgment by The U.S. Sixth Circuit Court of Appeals upheld an Ohio federal district court's award of summary judgment against a former prison nurse who charged that Ohio Department of Rehabilitation and Corrections (DORC) officials retaliated against her for exercising her …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
No Arraignment, Imprisonment For Civil Debt Raise Fact Issues by The United States Court of Appeals for the Sixth Circuit held that issues of fact precluded summary judgment of an arrestee's civil rights action stemming from his warrantless arrest and his imprisonment for failure to pay fines and court costs, …
