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Article • May 15, 2007
Mandamus Appropriate in MO Ad Seg Case by The Supreme Court of Missouri ruled that an administrative segregation prisoner's habeas corpus petition was inappropriate because prison conditions of cruel and unusual punishment were not alleged. The state prisoner was seeking release from protective custody and into the general population. The …
Article • May 15, 2007
Colorado: Limiting Prisoner to One Grievance Per Month Constitutional by The Colorado Court of Appeals held that a state prisoner's right to due process was not violated by his confinement in administrative segregation, nor was he subjected to cruel and unusual punishment. Plaintiff Clovis Green brought an action against prison …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
7th Circuit Upholds Illinois Prisoner's Segregation, Denial of Outside Exercise by The U.S. Seventh Circuit Court of Appeals held in this case that a prisoner's 70 days in segregation, and the denial of outdoor exercise while there, was not unconstitutional. While imprisoned at the Stateville Correctional Center in Illinois, plaintiff …
$450 Paid in NY Keeplock Case by $450 Paid in NY Keeplock Case. Ignacio Rosado, a prisoner at Sing Sing Correctional Facility, was placed in keeplock status, which is confinement to a cell 23 hours a day, for 7 days in October 1999. After a guard advised no misbehavior report …
Confinement Held Unjustified by The Supreme Court of Massachusetts held that a prisoner at the Massachusetts Correctional Institute (M.C.I.) at Walpole was confined in the Departmental Segregation Unit (D.S.U.) without being afforded the procedural safeguards required by the regulations of the department and the federal and state constitutions. The prisoner …
Article • May 15, 2007
Court Reverses Del Raine v. Carlson by The United States Court of Appeals for the Seventh Circuit reversed a ruling that an Illinois Federal Prisoner was entitled to relief in form of expungement of record of his confinement to segregation. The decision was made without published opinion. See: Del Raine …
Article • May 15, 2007
Massachusetts: Confinement In Disciplinary Unit Constitutional by The Supreme Judicial Court of Massachusetts held that conditions of confinement in a disciplinary housing unit did not violate prisoners' Constitutional or statutory rights. Plaintiffs, prisoners housed in or previously housed in the department disciplinary unit (DDU) of the Massachusetts Correctional Institution at …
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 …
Indiana Prisoners Win Censorship Suit on Communist Literature and Nude Photos by Indiana prisoners Win Censorship Suit on Communist Literature and Nude Photos A U.S. District Court in South Bend, Indiana held that the Indiana State Prison violated prisoners' right to due process, and unlawfully censored books, newspapers, magazines and …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
WA Prisoner Gets Major Infractions Expunged And Good Time Restored After Filing PRP by The Washington State Court of Appeals, Division 3., dismissed the Personal Restraint Petition (PRP), of Waldo E. Waldron-Ramsey, after the Washington Department of Corrections (WDOC), expunged the infraction's he had been found guilty of, and restored …
Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible by Warm, Sanitary Condition Required in Cells; Fla. Jail Regulations Fail to Create Liberty Interest; Short Denial of Court Access Permissible The Eleventh Circuit Court of Appeals held a prisoner …
Article • May 15, 2007
First Amendment Protects Prisoners' Negative Statements About Prisons by Robert Gandy is a prisoner in the Colorado Department of Corrections (DOC). He wrote a letter to Home Depot, a mail-order supplier of DOC prisoners, about a DOC policy that he thought would illegally impinge on Home Depot's business. Guards opened …
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the …
Disciplinary Conviction, Loss of Good Time Upheld by The U.S. Seventh Circuit Court of Appeals denied habeas corpus review to a prisoner appealing disciplinary segregation and loss of good time credits. Richie Rivera, a prisoner at the Indiana State Prison (ISP), was sanctioned by the conduct adjustment board (CAB) with …
$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
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 …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
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