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$450 Paid in NY Keeplock Case by $450 Paid in NY Keeplock Case. Ignacio Rosado, a prisoner at Sing Sing Correctional Facility, was placed in keeplock status, which is confinement to a cell 23 hours a day, for 7 days in October 1999. After a guard advised no misbehavior report …
$600 Awarded in MO Detainee's Illegal Segregation Claim by A Missouri Federal District Court, in a bench trial, held officials at the Medium Security Institution of the City of St. Louis violated a pre-trial detainee's due process rights by their custom of not distinguishing between pre-trial detainees and convicted prisoners. …
Article • May 15, 2007
Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment by Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment The Fourth Circuit Court of Appeals held that a prisoner is entitled to call witnesses at a disciplinary hearing when facing loss of good time …
Prisoners Have Right to Send Letters to News Media by The First Circuit Court of Appeals has held that a prisoner has a right to send letters to the news media. This action was filed by two prisoners at the Massachusetts Correctional Institution at Walpole, challenging the prison's total ban …
Confinement Held Unjustified by The Supreme Court of Massachusetts held that a prisoner at the Massachusetts Correctional Institute (M.C.I.) at Walpole was confined in the Departmental Segregation Unit (D.S.U.) without being afforded the procedural safeguards required by the regulations of the department and the federal and state constitutions. The prisoner …
Sixth Circuit Vacates Dismissal of § 1983 Suit by Sixth Circuit Vacates Dismissal of § 1983 Suit The Sixth Circuit Court of Appeals, in an unpublished opinion, has vacated and remanded a Michigan District Court's grant of summary judgment to prison officials on grounds that the prisoner-plaintiff failed to exhaust …
Punishment for Distributing Buddhist Literature States Claim by The Supreme Court held that a prisoner who alleged that he was prevented from practicing his religious faith and punished for sharing Buddhist literature with other prisoners stated a claim under 42 U.S.C. $ 1983. Fred A. Cruz, a Texas prisoner, filed …
$125 Attorney Fees Paid to Washington Prisoner in Personal Restraint Action by Lonnie L. Burton was a prisoner at Washington's Stafford Creek Corrections Center in April 2001 when he received a disciplinary infraction. He did not attend the hearing, which resulted in errors occurring. After the Attorney General's office requested …
Article • May 15, 2007
Washington Prisoner's Motion to Withdraw Guilty Plea Denied by On February 14, 2003, the Washington Court of Appeals, Division II, upheld a trial court's denial of a state prisoner's motion to withdraw a guilty plea. Steven Henderson and another prisoner were charged with escaping from the Clallam Bay Corrections Center …
Article • May 15, 2007
Montana: No Liberty Interest in Assignment to Particular Prison by The Montana Supreme Court held in this case that a prisoner in the Montana Department of Corrections (MDOC) had no federal or state constitutional liberty interest that required him to be housed in a particular prison. Paul Wright [not the …
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley …
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 …
Article • May 15, 2007
"Some Evidence" Exists Iowa Prisoner Engaged in Assault Rather than Fighting by The Eighth Circuit Court of Appeals held there was some evidence" to find a prisoner at the Iowa State Penitentiary guilty of assault rather than fighting. A guard observed two prisoners horse playing in the exercise pen, and …
No Preliminary Inunction for Firing of Prisoner Law Clerks by The First Circuit Court of Appeals affirmed a Massachusetts federal district court's order denying prisoners at MCI-Cedar Junction a preliminary injunction seeking to reinstate them to their law clerk positions at the prison. The prisoners argued they were terminated in …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
$9,000 Paid in WA Retaliation Suit by Airway Heights Correction Center prisoners Derek E. Gronquist and Donald H. Turpin filed a 42 U.S.C. § 1983 in the Eastern District of Washington federal court. The Complaint alleged they were subjected to retaliatory disciplinary action resulting from lawsuits they filed upon the …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
Article • May 15, 2007
No Notice of Reconsideration is Abuse of Discretion by The Oklahoma Supreme Court held that a trial court abused its discretion in failing to notify a prisoner that it had reconsidered its earlier order allowing him to attend a hearing. Oklahoma prisoner Steve Kordis brought suit against several family members …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
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