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Article • May 15, 2007 • from PLN May, 2007
Prosecutors Check Prospective Jurors’ Background, Hoping to Disqualify Them by Prosecutors Check Prospective Jurors' Background, Hoping to Disqualify Them An Ohio murder case has exposed a new tactic that prosecutors are using to disqualify potential jurors -- the use of a federal criminal records database to run background checks. Timothy …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
Lucas County, OH Jail Conditions Unconstitutional by A federal district court held that conditions of confinement in the Lucas County jail in Ohio were unconstitutional. Ruling and injunction were affirmed at Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). See: Jones v. Metzger, 323 F. Supp. 93 (ND OH …
Right to Complain Clearly Established by The court of appeals for the Sixth circuit affirmed a district court ruling that an Ohio prisoner's First amendment rights were violated when he was infracted and punished for sending a petition signed by other prisoners complaining of guard harassment to the warden. The …
Article • May 15, 2007
PLRA Controls Hourly Rate of Attorney Fees by The U.S. District Court for the Southern District of Ohio held that the maximum hourly rates for attorney fees in prison litigation is controlled by the Prison Litigation Reform Act (PLRA), and the rate for Ohio had not been increased by the …
Article • May 15, 2007
Exculpatory DNA Evidence Insufficient for New Trial by The Eighth District Court of Appeals of Ohio, in a split decision, has reversed the grant of a new trial to an Ohio prisoner by the Cuyahoga County Court of Common Pleas. Frederick Luckett, an Ohio prisoner, was convicted at jury trial …
Reimbursement of Prison Guard's Legal Expenses Denied Despite Verdict by The Ohio Court of Claims, in a case of first impression, denied an Ohio prison guard reimbursement of legal expenses he incurred defending himself in a prisoner's civil rights suit, despite the return of a "not guilty" verdict by a …
Article • May 15, 2007
Clemency Proceedings Require Only Rudimentary Due Process by The United States Supreme Court, affirming Ohio's clemency procedures, held that the due process requirements for clemency hearings are rudimentary. Eugene Woodard was convicted of murder in the course of carjacking and was sentenced to death. Forty-five days prior to his scheduled …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
Article • May 15, 2007
Court Not Obligated to Pay Indigent Prisoner's Witness Fees by The U.S. Court of Appeals for the Sixth Circuit held that an indigent prisoner pursuing a civil rights action was responsible for his own witness fees. Willard Johnson brought an in forma pauperis (IFP) civil rights action against two psychiatrists …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
Article • May 15, 2007
Negligence Unproven in Ohio Prisoner's Death Following Hernia Surgery by In this case arising from the death of a state prisoner following surgery to repair a hernia, the Court of Claims of Ohio held that the plaintiff failed to meet the burden of proof required to prove the estate's claims …
Article • May 15, 2007
Ohio's Rape Shield Law Doesn't Shield Alleged Victim's Diary by The U.S. Sixth Circuit Court of Appeals has reversed a U.S. District Court's denial of a writ of habeas corpus, under 28 U.S.C. §2254, to an Ohio prisoner and remanded with instructions to issue a conditional writ of habeas corpus. …
Article • May 15, 2007
Prisoner's Haircut Raises Constitutional & Discovery Issues by Prisoner's Haircut Raises Constitutional & Discovery Issues The Sixth Circuit Court of Appeals affirmed the District Court's decision to allow defendants' second motion for summary judgment after their first motion was denied. Mark Lee Pollock sought to enjoin prison officials from cutting …
Article • May 15, 2007
Affirmative Action, Special Relationship Required For Government Liability by The United States District Court for the Southern District of Ohio held that barring a "special relationship" with the victim and any affirmative action taken by the county, defendant county was not liable for the death of a man shot by …
Article • May 15, 2007
Ohio Affords Right To Be Represented In Parole Hearings by The United States District Court for the Southern District of Ohio held, among other things, that issues of fact--whether the Ohio Parole Authority's failure to notify a state prisoner or his attorney of the date of a parole hearing violated …
Supreme Court Holds Retaliation Claim Requires "But For" Test by Supreme Court Holds Retaliation Claim Requires "But For" Test The U.S. Supreme Court has held in a teacher's suit, which sought reinstatement and damages, for the failure to rehire him in retaliation for engaging in speech protected by the U.S. …
Article • May 15, 2007
Ohio Prisoner Awarded $90.50 For Lost Property, Filing Fee by On August 19, 2004, the Ohio Court Of Claims awarded $90.50--to be paid by the Ohio Department of Rehabilitation and Correction (DRC)--to a state prisoner whose property was confiscated and then lost by DRC personnel. Mark Wooden, a prisoner at …
Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million by Wrongful Death Lawsuit Of Prison Teacher Taken Hostage Settled for $1.3 Million Kevin Taylor, husband and Administrator of his deceased wife Beverly's estate, a former teacher at the Southern Ohio Correctional Facility, settled a State Court civil …
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