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Rules Modeled on Ten Commandments Violate Establishment Clause; Sheriff Denied Qualified Immunity by A federal court in Arkansas held that jail rules modeled after the Ten Commandments violates the Establishment Clause of the First Amendment. It also held that jail officials were not entitled to qualified immunity. Andy Lee was …
Article • May 15, 2007
New York Appeals Court Upholds Prisoner's Disciplinary for 9-11 Comment by On June 17, 2004, a New York court of appeals upheld disciplinary action taken against a state prisoner for a comment he allegedly made while watching TV coverage of the 9-11 attacks. Particio Linares, a New York state prisoner, …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued …
$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
Alaska Prisoners' Disciplinary Hearing Rights by In 1975 Alaska's supreme court held that under the state and federal constitutions, Alaskan prisoners enjoy substantial due process rights in prison disciplinary hearings, moreso than prisoners enjoy under the U.S. Constitution alone. The state supreme court held that Alaskan prisoners have the right …
FBI Not Liable for Wrongful Incarceration of Federal Prisoner for Eight Years by The United States Court of Appeals for the First Circuit dismissed former federal prisoner Frank Boldoc's civil rights complaint for eight years of wrongful incarceration. Boldoc and another former federal prisoner, Francis Larkin, filed this claim under …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Texas Rioting Infraction Upheld by The plaintiff was found guilty at a disciplinary hearing of participating in a prison riot and sentenced to 10 years' loss of good time among other things. The court notes that whether there is a liberty interest in good time in Texas is undecided, but …
Article • May 15, 2007
District of Columbia Sex Offender Registration Unconstitutional by The public notification provisions of the D.C. Sex Offender and Registration Act deny due process because they provide no opportunity for sex offenders to contest whether such notification is necessary to protect the public. There is a liberty interest under the "stigma-plus" …
Confession Not Linked to Tasering by The plaintiff's allegation that while in jail in Gwinnett county awaiting trial he was held in solitary confinement, shocked with a stun gun, and denied a shower for three months did not render his confession involuntary because he did not show a causal relationship. …
Article • May 15, 2007
Not Allowing Prisoner to View Disciplinary Video Upheld by The petitioner was disciplined for stealing a mattress, as supposedly revealed by a videotape; he was not permitted to see the videotape because prison officials "did not want the offenders to know the capabilities of the cameras for security reasons." The …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
Parole Board Can Consider Dismissed Sex Offenders by The plaintiff's sex offense charge had been dismissed as part of a plea bargain, with the parole board forbidden to consider it. Seventeen years later, prison staff classified him as in need of sex offender treatment. He was paroled and then his …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Article • May 15, 2007
Lack of Interpreter at Some Hearings Upheld by The Spanish-speaking plaintiff, who had a lot of disciplinary charges, received an interpreter when he asked for one, but he didn't always ask. The magistrate judge found that he understood English enough to understand the nature of the proceedings and to respond …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
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