Pre-Release Recession of Parole Allowed if Parole Not a Right by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that recession of Ohio prisoners' paroles prior to release from prison without notice or opportunity for a hearing did not …
§ 1983 Complaint Not Frivolous, Stated Claim, Can Be Amended by The U.S. Court of Appeals for the Sixth Circuit held that a prisoner's civil rights suit was not frivolous, that it stated a claim, and that the prisoner could amend his complaint a third time. Richard Lawler, an Ohio …
AEDPA Time Limitations Not Tolled by Motion to Reopen Appeal by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Ohio, held that an Ohio prisoner's motions in state court to reopen his direct appeal and to withdraw his plea or vacate …
$7,516.95 Awarded For 89 Days of False Imprisonment by An Ohio state court awarded a former prisoner $7,516.95 in damages for 89 days of false imprisonment. James M. Bay was a prisoner of the Ohio Department of Rehabilitation and Correction (ODRC). His release date was July 26, 1999 but he …
Ohio Prisoner-Medical-Co-Pay Law Retroactive by Joseph Woods, an Ohio state prisoner, is serving a prison sentence imposed before 1996. In 1996 Ohio Rev. Code § 5120.021 went into effect, requiring prisoners requesting medical attention to pay a $3 co-pay. When Woods was charged the co-pay in 2003, he sued prison …
OH Guards Not Responsible for Assault on Prisoner Unless They Knew the Assault Might Occur by OH Guards Not Responsible for Assault on Prisoner Unless They Knew the Assault Might Occur On February 21, 1999, Carl Ford, an Ohio state prisoner, was in his cell at the Ross Correctional Institute …
OH DORC Liable for Property Damage Done by Prisoners by K. Michael Deem Investment Corp., Inc. (Deem Inc.), an Ohio corporation, allowed the state Department of Rehabilitation and Correction (DORC) to operate a pallet-restoration industry on its property. While working there, prisoners damaged a cinder block wall, a dumpster and …
OH Prisoner Wins $50 in Personal Injury Suit by Earl Starks was an Ohio state prisoner at the Toledo Correctional Camp. In the early morning hours of January 1, 2004, a riot broke out in Starks' dorm. Guards refused his request to leave the dorm, after which he was hit …
Court Denies Defendant Attorney Fees in Prisoner Death Case by The decedent died of pneumonia in prison and the defendants moved for attorneys' fees after the court granted them summary judgment. The court denies the motion, since the plaintiffs' allegations were not frivolous. The defendants argued that plaintiffs sued defendants …
No Municipal Liability for Police Beating by The plaintiff complained of excessive force during the booking process at a police station. An officer thought he had tried to kick a second officer when told to pick up his feet, and knocked him down and then hit him in the face …
Police Not Liable For Ban on Attorney Calls by At 778 n. 4: The defendant state police could not be held liable for the plaintiff's inability to make a long distance call to his attorney from jail, since the right to counsel had not yet attached after his arrest, and …
Ohio Court Certifies Guard Gender Discrimination Class Action by Plaintiff female correction officers sued for gender discrimination and sought both injunctive relief and damages. The court certifies the class for injunctive relief but not for damages, rejecting the rule prevailing in other circuits that if other than "incidental" damages are …
Arrestee Overdose Suit Dismissed for Lack of Injury by The plaintiff was arrested for domestic violence; there was reason to believe that he had taken an overdose of pills, though he denied it; he was taken to jail, where he started to have symptoms and admitted taking an overdose; he …
Going Barefoot Not Protected Speech by A rule requiring patrons of a public library to wear shoes did not violate the First Amendment, even assuming that going barefoot constituted speech. A library is a limited public forum, and the shoe requirement is a valid, content-neutral regulation that promotes communication of …
Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures by Sixth Circuit Allows § 1983 Challenge to Ohio Parole Procedures Abrogating prior, unpublished precedents, the U.S. Sixth Circuit Court of Appeals has reversed dismissal of an Ohio prisoner's 42 U.S.C. § 1983 challenge to State parole procedures and remanded …
RLUIPA Found Unconstitutional by Sixth Circuit by The Religious Land Use and Institutionalized Persons Act violates the Establishment Clause because it favors religious rights over other fundamental rights without any showing that religious rights are at any greater risk of deprivation. It is not necessary to avoid an Establishment Clause …
Attack on White Supremacist Prisoner States Claim by The plaintiff, in a segregation unit, was beaten during his one hour out of cell by another prisoner, and alleged that it must have resulted from an officer's actions, since the cells were supposed to be locked with only one prisoner out …
Ohio Prison Officials Not Liable for TB Exposure by The plaintiff tested positive for TB in prison and alleged that various actions of prison officials had exposed him to it. There was an outbreak of TB after prisoners had filed numerous grievances based on rumors about an active case of …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Dismissed Retaliation Claim Reversed by The U.S. Sixth Circuit Court of Appeals reversed and remanded an Ohio U.S. District Court decision dismissing claims against prison officials accused of retaliating against prison guards for exercising their First Amendment rights. Carlos Goad and Robert Wuchich sued officials of Ohio's Mansfield Correctional Institution …
