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Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years by The Third Circuit Court of Appeals has held that despite 21 years in solitary confinement, Pennsylvania prisoner Daniel Delker has received all the process he is due and prison officials may continue to confine him. Delker has been kept in …
No Liability in Scalding Attack on Seg Prisoner by The plaintiff was scalded with hot water when, unescorted, he approached his assailant's cell (by invitation) to retrieve his legal papers. At the time, he was in disciplinary segregation (having formerly been in protective custody). Policy dictated that prisoners be escorted …
Article • May 15, 2007
Qualified Immunity Upheld on Supermax Mental Illness Aggravation by The Seventh Circuit Court of Appeals affirmed a lower court's grant of qualified immunity on a mentally ill prisoner's condition of confinement claim. Wisconsin prisoner Christopher Scarver is schizophrenic and delusional. He has murdered three people, two of them in prison …
Article • May 15, 2007
$105,000 Verdict in Michigan Illegal Imprisonment by Three to four months after completing their Michigan prison sentences in 1994, Willie Thomas, Jr., Larry Reed, and Edward Grant were picked up and imprisoned in Jackson prison without a hearing. The defendant prison officials believed they had miscalculated the time served by …
Ninth Circuit Upholds Prosecutor Denying Detainee Phone Access by The plaintiff, a federal pre-trial detainee held in a local jail, was placed in administrative segregation and lost telephone access based on a letter from the prosecutor to the U.S. Marshal, which requested such action because the plaintiff's superseding indictment named …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Article • May 15, 2007
MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdic by MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdict Vacated Willie Thomas and three other prisoners had been released from the Michigan prison system based on a ruling …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Article • May 15, 2007
Injunction Entered on Jail Isolation Cell by A federal district court in Massachusetts enjoined use of a jail isolation cell due to its inhumane conditions. During a cell search drugs were found in plaintiff's cell. Plaintiff was infracted and placed in hospital isolation for 30 days. The isolation cell had …
Boxcar Cells Unconstitutional by The court of appeals for the Eighth circuit held that Missouri prisoners were given adequate due process before being placed in administrative Segregation because hearings were provided. Double celling in ad seg was permissible if sanitation was not an issue. Court held that under the "totality …
Denial of Religious Services in Segregation States Claim by The court of appeals for the Second circuit held that New York prisoner had stated a claim that his religious rights were violated when he was denied access to religious services in segregation. Court also held that the-prisoner's claim that he …
Article • May 15, 2007
Warden Liable for Inhumane Seg Conditions/Placement by The court of appeals for the Eighth circuit held that a Missouri prisoner's lawsuit claiming he was placed in solitary confinement for no articulated reason, in a cell with no hot water, fresh air or ventilation and a vermin infested mattress, stated a …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
Portion of Ruiz Appeal Vacated by The court of appeals for the Fifth Circuit vacated a portion of its opinion in the Ruiz case on motion for rehearing filed by the prisoners. After the case was briefed and argued, but before the court of appeals issued an opinion, the parties …
Article • May 15, 2007
New York Prisoner Has No Right to Sue Over being Placed in Protective Confinement by New York Prisoner Has No Right to Sue Over Being Placed in Protective Confinement The United States Court of Appeals for the Second Circuit, affirmed the U.S. District Court for the Western District of New …
BOP Prisoner Had Right to Duress Defense by The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred when it denied a prisoner from using the duress defense in a criminal trial for possession of escape paraphernalia in prison. …
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