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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 …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Nebraska Muslim Prisoner Wins Religious Concessions by John E Dannenberg A high-security Muslim prisoner at the Tecumseh State Correctional Institution (TSCI) sued prison officials for violating basic tenets of his religion by allegedly restricting religious practices “dictated” by his beliefs. He claimed he needed daily showers, a kosher diet, and …
Article • April 15, 2009
Eighth Circuit Reverses Dismissal of Due Process Challenge to Continued Confinement in Administrative Segregation by On May 12, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed a grant of summary judgment for Arkansas Department of Corrections (ADC) officials alleged to have denied a prisoner due process by …
Article • April 15, 2009
Fifth Circuit Upholds Denial of Exercise for Year, Rejects Due Process Challenge to Placement in Lockdown by On March 28, 2008, the U.S. Court of Appeals for the Fifth Circuit affirmed a grant of summary judgment to the Texas Department of Criminal Justice (TDCJ) in a suit alleging the denial …
Selling Segregation by Josh Rushing US high-security prisons are a big export, but critics doubt their success. Conflict has long been a source of misery for innocent people around the world. But it has equally long been a source of profit for big business. The Sofex exposition in Amman, Jordan, …
Colorado Federal Facility Segregation Suit Settles For $150 by Colorado federal prisoner Lonnie Benefield brought a Bivens action against United States Penitentiary (USP) personnel at Florence and its warden in 1998 for placing him in segregation without due process. The suit settled for $150. Benefield was allegedly participating in programs …
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon …
Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations by Ninth Circuit: Orange County Jail PLRA Injunction May Not be Terminated as to Ongoing Violations The Ninth Circuit U.S. Court of Appeals has held that evidence of ongoing American with Disabilities Act (ADA) violations …
Ware v. CCA, TN, Settlement, solitary inmate suicide medical neglect, 2009 CCA-AF (6/2/14 PRA) 0130 CCA-AF (6/2/14 PRA) 0131 CCA-AF (6/2/14 PRA) 0132 CCA-AF (6/2/14 PRA) 0133 CCA-AF (6/2/14 PRA) 0134 CCA-AF (6/2/14 PRA) 0135 CCA-AF (6/2/14 PRA) 0136 CCA-AF (6/2/14 PRA) 0137 CCA-AF (6/2/14 PRA) 0138
No Constitutional Violation For Wyoming Hermaphrodite's Ad Seg Placement by Bob Williams By Bob Williams The United States Court of Appeal for the Tenth Circuit has found no liberty interest arising from the placement of a hermaphrodite in administrative segregation (ad seg) for no other reason than sexual characteristics. The …
Un-Mirandized Oregon Prison Disciplinary Statements Suppressed; Syringe is a “Weapon” Under Oregon Law by The Oregon Court of Appeals has held that incriminating statements in prison disciplinary hearings cannot be used against prisoners in subsequent criminal proceedings if Miranda warnings are not given. In September 2003, a prisoner was murdered …
Social Psychology of Isolation - Why Solitary Confinement is Psychologically Harmful, Haney, 2009 U 232 PSJ 181 CRAIG Text (Jan 09):Prison Service Journal 6/1/09 16:14 Page 12 The Social Psychology of Isolation: Why Solitary Confinement is Psychologically Harmful Craig Haney is Professor of Psychology at the University of California, Santa …
$2.75 Million Verdict in Dehydrated Michigan Prisoner’s Death by A Michigan federal jury awarded $2.75 million to a prisoner’s estate in a case claiming deliberate indifference to serious medical needs. The prisoner, Jeffrey Clark, was having mental health problems and died due to the effects of dehydration and inhumanely hot …
Article • November 15, 2008 • from PLN November, 2008
Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter Identity of Prisoner Who Smuggled Gun into New Jersey Facility Revealed by Appeals Court by Gary Hunter A prisoner accused of smuggling a gun into a New Jersey prison two years ago was …
Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction by Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction The U.S. District Court for the Eastern District of New York has held that a federal prisoner, removed from the general …
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