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Fourth Circuit Reinstates South Carolina Jail Conditions Suit by On June 20, 1991, the Fourth Circuit Court of Appeals reinstated a South Carolina prisoner's challenge to conditions of confinement at the Lexington County Jail. Leonard Archie Smith, a former South Caroline pre-trial detainee, filed a pro se civil rights action …
Washington State DOC Guard Demoted For Mail Tampering And Violating Rules by Washington State Department of Corrections guard Teresa McSheery appealed her 1997 demotion for committing regulatory mail and safety violations. The demotion was affirmed. McSheery worked at the Washington Corrections Center for Women in 1989 and was the mail …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Article • April 15, 2009
Court Rejects Challenge to Newspaper Ban in SHU by On May 9, 2008, U.S. District Judge William Griesbach rejected a challenge by a Wisconsin prisoner to a newspaper ban in the SHU. Jose Soto was placed in an administrative confinement (SHU) at the Portage, Wisconsin prison facility for rule infractions. …
Institutionalized Policy to Deprive Appeal of Confiscated Mail Violates Constitution by A Massachusetts federal district court denied summary judgment to prison officials who confiscated a prisoner’s mail and took actions that deprived him of his right to appeal that confiscation. The civil actions complaint was filed by MCI-Walpole prisoner Michael …
$15,000 Settlement For BOP's Abuse, Conspiracy Against Government Informant by Colorado federal prisoner and government informant, David Merritt, brought a federal tort action against the United States in 1999 after federal guards and officials at the Florence Supermax (ADX) facility conspired to have him killed, violated his constitutional rights and …
Nominal Damages for Atlanta Georgia Jail’s Ban on Magazines, Books and Newspapers by On April 17, 2008, a Georgia federal court granted a prisoner summary judgment and nominal damages in a lawsuit over a jail policy that barred prisoners from receiving books, newspapers and magazines. David Robertson was incarcerated in …
More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case by More Damages, Costs & Attorney Fees Awarded in NH False Disciplinary Case Three prisoners involved in two federal civil rights lawsuits against officials of the Hillsborough County House of Corrections in New Hampshire (the jail) were awarded …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Article • January 15, 2009
4 Year Statute of Limitations Applies to 1983 Claims Filed in Florida by The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation by BOP Agrees to Pay $90,000 in Attorney’s Fees and Costs in Suit Over Constitutionality of Byline Regulation On December 17, 2007, the Bureau of Prisons (BOP) agreed to pay $90,000 in attorney’s …
Article • November 15, 2008 • from PLN November, 2008
Banning of Newsletter in Wisconsin Prison Violates First Amendment by John Dannenberg Banning of Newsletter in Wisconsin Prison Violates First Amendment by John E. Dannenberg A U.S. District Court has held that a decision by the Wisconsin Dept. of Corrections (WDOC) to ban a prisoner’s receipt of The New Abolitionist, …
Gay and Lesbian Prisoners: Recent Developments and a Call for More Research by Zachary Wolfe, Esq. by Zachary Wolfe, Esq.1 This is an interesting time in the changing legal landscape relating to gay and lesbian prisoners, but public and scholarly attention is lacking. Rights of lesbian, gay, bisexual and transgendered …
Article • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Brief • September 9, 2008
Shustring dba LareDOS v. Salinas and City of Laredo, TX, Complaint, 1st Am mayor newspaper censorship, 2008 Case 5:08-cv-00120 Document 1 Filed in TXSD on 09/09/2008 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION SHUSTRING PRODUCTIONS, INC. dba LareDOS PUBLISHING Plaintiff v. RAÚL SALINAS …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
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