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Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Article • August 15, 2008
AEDPA One Year Time Limitation Applies to Denial of Parole Habeas Petition by The Eleventh Circuit Court of Appeals has held that the one-year time limitation set by the Anti-Terrorism and Effective Death Penalty Act (AEDPA) applies to challenges to a parole board’s denial of parole. The appellate court’s ruling …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Article • July 15, 2008
New York Parolee Can Be Subject to Living/Contact Special Condition by New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.” The prisoner, Steven Dickman, sought to live with …
Georgia’s Prison Health System Squeezed by Increasing Population, Decreasing Staff Budget by David Reutter Georgia's Prison Health System Squeezed by Increasing Population, Decreasing Staff Budget by David M. Reutter With an increase in Georgia's prison population, the cost to provide medical care to prisoners has soared. Due to legislative budgetary …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Article • May 15, 2007
Dismissal of Federal Habeas Claim Over Living Conditions Reversed by The U.S. Supreme Court reversed and remanded the dismissal of prisoners' habeas corpus action challenging their living conditions. Missouri state prisoners confined in maximum security brought state habeas corpus action challenging living conditions but did not seek release. The action …
Evidentiary Hearing Required to Determine Compliance with Wolff by The Eighth Circuit Court of Appeals held a prisoner was entitled to an evidentiary hearing where a disciplinary board failed to furnish a written statement of reasons for its decision. The North Dakota State Penitentiary prisoner was charged by prison officials …
Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release by Exhaustion of Administrative Remedies is Precondition to Prisoner Suit in Federal Court Before Release The Seventh Circuit Court of Appeals held a Wisconsin ex-prisoner, who filed his suit while incarcerated, must exhaust all administrative remedies …
Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition by Tennessee Prisoner in Private Prison Not "Inmate" by Statutory Definition The Tennessee Court of Appeals held that because a state prisoner housed at a privately operated prison was not an "inmate" within the statutory definition, he was not required …
Notice Required When Mail Withheld For Disciplinary Reasons by The U.S. Eighth Circuit Court of Appeals held that a prisoner in disciplinary detention must receive written notice of any mail being temporarily withheld by prison officials. Leonard Gregory, an Iowa state prisoner, was placed in disciplinary detention for a prison …
Court Rules On JJDPA Suit Issues, State Compliance Plan Ordered by The United States District Court for the Northern District of Idaho ordered Idaho state officials to devise a plan to put the state in compliance with the Juvenile Justice and Delinquency Prevention Act (JJDPA) and denied state's motions on …
Article • May 15, 2007
Virginia Supreme Court Resolves Administrative Exhaustion Issues in VDOC Sexual Assault Suit by The Virginia Supreme Court reversed a trial court's dismissal of a prisoner's suit alleging sexual abuse by a Virginia Department of Corrections (VDOC) employee. VDOC prisoner Paula Billups was assigned to work in the kitchen at the …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Title VII Suit Dismissed for Lack of Exhaustion by The plaintiff's Title VII hostile work environment claim is dismissed for nonexhaustion because he didn't include it in his EEOC charge and it is not "reasonably related" to the claims he did assert. At 1100: "Pro se plaintiffs must strictly comply …
Article • May 15, 2007
Fact Questions Over Exhaustion Preclude Dismissal by The plaintiff said there was no prison grievance procedure; the defendants attached parts of an inmate handbook describing such a procedure (with a 6-day time limit). The plaintiff said that he filed three grievances as prescribed and never received a response. These claims …
Article • May 15, 2007
Delay in Appealing Grievance Denial Bars Suit by The plaintiff grieved and had 10 days to appeal. He waited a year. The grievance system has discretion to permit late appeals, but they didn't in this case. The plaintiff is barred for non-exhaustion. At 1023-24: . . . [U]nless the prisoner …
Title VII Requires Class Wide Administrative Change for Certification by Under Title VII's exhaustion requirement (151-52), a class action must be supported by at least one representative charge, timely brought by one of the named plaintiffs, which adequately identifies the collective, class-wide nature of the claimed discrimination. . . . …
Article • May 15, 2007
Defendants Can Amend Answer to Raise Administrative Exhaustion Defense by Defendants are granted leave to amend their answer to assert non-exhaustion as a defense. There was no indication of bad faith; they rely on a change in the law occasioned by Porter v. Nussle. Why they waited two years is …
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