Sixth Circuit: RLUIPA Held Constitutional Under the Spending Clause by by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals, acting on remand from the U.S. Supreme Courts recent ruling (Cutter v. Wilkinson, 125 S.Ct. 2113 (2005); PLN, July 2005, p.30) (Cutter II) that the Religious Land Use and …
Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial by The Sixth Circuit Court of Appeals has reversed a grant of summary judgment to a physician employed by EMSA Correctional Care, Inc (EMSA) in an Ohio pretrial detainees inadequate medical care claim. On October 5th or 6th, 1998, James …
Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment by On August 15, 2005, the Ohio Court of Claims awarded $618,683.33 to a man who spent nearly 16 years in prison for a rape he did not commit. Donte L. Booker was arrested for a carjacking outside a Beachwood, …
Los Angeles County Jail Tests Prisoner Radio ID Tags by by John E. Dannenberg The Los Angeles (L.A.) County Sheriff's Department will spend $1.5 million to install a computerized radio ID tag system in 2006 to monitor the location of 1,900 prisoners at the Pitchess Detention Center (county jail) in …
Oklahoma Civil Action Timely by Under Mailbox Rule The Oklahoma Court of Appeals held that the prison mailbox rule applies to prisoner filings of civil actions. It also held that the trial court violated District Court rule 13(f) when it ruled on a summary judgment motion without giving the prisoner …
Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful N by Ohio Pre-S.B. No. 2 Indeterminately Sentenced Prisoners Who Took a Plea are Entitled to Meaningful New Parole Hearings by John E. Dannenberg The Ohio State Court of Appeals, Tenth Appellate District, ruled that …
OH State Court Must Determine Immunity Before Suit Filed; Guards Not Entitled to Qualified Immunity in Prisoner's Death by The Sixth Circuit Court of Appeals held that guards at the Southern Ohio Correctional Facility sued by the estate of a prisoner--who was beat to death by the guards--are not entitled …
Supreme Court Finds Ohio Supermax Placement Policy Constitutional by Bob Williams By Bob Williams The United States Supreme Court has found prisoners possess a liberty interest in avoiding supermax placement but ruled Ohio’s new classification policy for placing and retaining prisoners in the state’s supermax is constitutional as written. Relief …
Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee by Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee Awarded Reversed, Injunction Upheld The Sixth Circuit Court of Appeals has reversed an award of attorney's fees, holding the …
U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by John E. Dannenberg The U.S. Supreme Court held that state …
RLUIPA Upheld by U.S. Supreme Court by by John E. Dannenberg A unanimous United States Supreme Court held that § 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §2000cc-1(a) (1-2), which proscribes the government from imposing a substantial burden on the religious exercise …
Pettit v. Ohio Dept. of Rehab. & Corr., Decision, inmate work injury, 2005 [Cite as Pettit v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-3958.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us DAVID PETTIT, et al. : Plaintiffs : v. : CASE NO. 2003-11798 Judge Fred J. Shoemaker DECISION DEPARTMENT …
Ohio Awards $1,402.92 Award For 11 Days False Imprisonment by by Michael Rigby An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004. On September 14, 1999, plaintiff Glen Wilson was sentenced to two …
Ohio Prisoner Awarded $500 For Lost Property by The Ohio Court of Claims awarded $500 to a prisoner who claimed prison personnel lost various items of property when he was transferred. Thomas Pasco, an Ohio state prisoner, was transferred from the Ohio State Penitentiary (OSP) to the Belmont Correctional Institution …
Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review by Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review By Bob Williams The United States Court of Appeals for the Sixth Circuit has ruled that Ohio state prisoners have a liberty interest under the …
Ohio Death Row Moving to Supermax by Bob Williams By Bob Williams In March 2005, the Ohio Department of Rehabilitation and Correction (DORC) announced that Ohio’s 193 death row prisoners would be moved from the Mansfield Correctional Institute (MCI) to the state’s Supermax facility, the Ohio State Penitentiary (OSP), to …
Ohio Appeals Court Upholds $7,820 Award for 70 Days Unlawful Incarceration by By Robert H. Woodman The Tenth District Court of Appeals of Ohio upheld a $7,820 damages award by the Ohio Court of Claims to Alton M. Stroud, a prisoner of the Ohio Department of Rehabilitation and Correction (DORC). …
Ohio Lawyer Suspended for Promising Favor from Judge for Money by Ohio Lawyer Suspended for Promising Favor from Judge for Money by Robert H. Woodman Overruling a more lenient recommendation from the Board of Commissioners on Grievances and Discipline, the Ohio Supreme Court indefinitely suspended Dayton attorney Daniel L. O'Brien …
Lucasville: The Untold Story of a Prison Uprising by Karen Thimmes By Staughton Lynd; Temple University Press, 2004; soft cover, 244 pages. $16.95 Reviewed by Karen G. Thimmes Death Row in Ohio is located at Mansfield Correctional Institution, a stone's throw from the fabled Mansfield Penitentiary, where much of the …
Verdict for Other Defendants Cannot Negate Jury Question of Warden's Liability in Transsexual's Assault by The Sixth Circuit Court of Appeals held a warden may be found to be deliberately indifferent to a male-to-female transsexual prisoner's safety where the prisoner was housed in the Protective Custody Unit (PCU) with a …
