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Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • July 15, 2011
Indefinite Confinement of New Jersey Prisoner for 1990 Assault Overturned by The Appellate division of New Jersey’s Superior Court has held that the New Jersey Department of Corrections ( NJDOC), “does not have the legal authority to continue to keep” a prisoner who has been in confinement for twenty years …
Tenth Circuit Vacates Class Certification in Jail Conditions Suit; Case Settles Following Remand by Mark Wilson On February 4, 2009, the Tenth Circuit Court of Appeals granted a Colorado sheriff’s interlocutory appeal challenging a class certification order and remanded the case for further proceedings, where it eventually settled in April …
Article • April 15, 2011
Annual Arizona Segregation Reviews Inadequate, Case Remanded by On November 19, 2009, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded a suit by a prisoner challenging the frequency of segregation reviews he was receiving. Edward Hernandez sued the Arizona Department of Corrections (ADC), claiming that its …
Article • April 15, 2011
Utah Prisoner’s Administrative Confinement May be Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner’s arbitrary placement in administrative segregation may constitute an “atypical and significant hardship on the prisoner in relation to the ordinary incidents of prison life.” Utah prisoner Paul Richard Payne filed a …
D.C. Pays $80,000 to Settle Prisoner’s Civil Rights Suit by On August 2, 2006, the District of Columbia paid $80,000 to settle with a prisoner who alleged violations of his civil rights under the 5th and 8th Amendments and D.C.’s Lorton Act. The suit was filed in the U.S. District …
Mass Torture in America: Notes from the Supermax Prisons by Lance Tapley “Exterminate all the brutes!” – Heart of Darkness, Joseph Conrad “They beat the shit out of you,” said Mike James, hunched near the smeared plexiglass separating us. He was talking about the cell “extractions” he’d endured at the …
Illinois Supermax Placement Procedures Unconstitutional by David Reutter by David M. Reutter An Illinois federal district court has held that existing Illinois Department of Corrections (IDOC) procedures for placing prisoners at the Tamms Correctional Center (Tamms) are inadequate to protect the liberty interest of IDOC prisoners to avoid confinement at …
Reversal of Summary Judgment on 55-Day New York SHU Placement Claim by The Second Circuit Court of Appeals has reversed the grant of summary judgment to a prison hearings officer in a lawsuit concerning a prisoner’s improper placement in administrative segregation. On January 3, 2001, New York state prisoner Samuel …
CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim On September 30, 2009, more than 16 years after being incorrectly “validated” as an associate of a violent California prison gang, and after having spent eight years in …
Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed …
Wisconsin Federal Court Discusses Censorship of “Gang Material” in Prisons by In ruling that prison officials, in part, violated a prisoner’s First Amendment free speech rights by disciplining him for having gang-related literature, a Wisconsin federal district court provided an engrossing discussion on the factors that would make such literature …
No Hearing Required for Oregon IMU Confinement by In a unanimous decision, the Oregon Supreme Court has held that state prisoners are not entitled to a hearing when they are confined in the Intensive Management Unit (IMU). The Oregon Department of Corrections (ODOC) operates two IMUs to segregate “prisoners who …
Article • October 15, 2009
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
Article • October 15, 2009 • from PLN October, 2009
Duration of Confinement in Segregation Affects Due Process Inquiry by On May 12, 2008, the U.S. Court of Appeals for the Sixth Circuit held that the length of a prisoner’s confinement in administrative segregation (ad seg) affects whether there has been a due process violation. Carey Harden-Bey, a Michigan prisoner …
Article • April 15, 2009
Tenth Circuit Explains Sandin Standard to Determine Liberty Interests by In reversing a Kansas federal district court’s grant of summary judgment to prison officials, the Tenth Circuit Court of Appeals has explained how the legal landscape changed by the ruling in Sandin v. Conner, 115 S. Ct. 2293 (1995). In …
Article • April 15, 2009
Tenth Circuit Finds Colorado Administrative Segregation Placement Does Not Implicate Liberty Interest by The Tenth Circuit Court of Appeals has held that a prisoner’s administrative confinement conditions did not violate his due process rights because he failed to prove that he had a liberty interest in avoiding such placement. Before …
Article • April 15, 2009
Tenth Circuit Requires Factual Findings of Prisoner’s Confinement Conditions Under Sandin by The Tenth Circuit Court of Appeals has held that a district court must make factual determinations of the prisoner’s particular confinement conditions when making a determination of whether the prisoner is being subjected to an “atypical and significant …
Class Certification Granted to Illinois Prisoners In Retaliation Lawsuit by A federal district court in Illinois has granted class certification to a group of prisoners. The plaintiffs are current and former Illinois Department of Corrections (IDOC) prisoners housed in the maximum security unit at Tamms Correctional Center (TCC). The lawsuit …
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