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Article • May 15, 2007
New York: Liberty Interest in Work Release by The New York Supreme Court, New York County, held that a prisoner's removal from a work release program without allowing him to participate in the hearing violated due process. While on work release, state prisoner Simon Anderson submitted a urinalysis that allegedly …
Guard's Medical and Drug History Discloseable in Discovery by A Wisconsin federal district court held that a prisoner was entitled to receive in discovery a guard's medical and urine test report. This action was filed by a prisoner at Wisconsin's Green Bay Correctional Institution, alleging guards beat him. The magistrate …
Article • May 15, 2007
Second Circuit: Lack of Standing Invalidates Strip Search Ban by On January 20, 2004, the U.S. Second Circuit Court of Appeals held that a federal district court's order enjoining a New York county jail from performing unconstitutional strip searches was erroneous because the plaintiff lacked standing. In July 1995, attorney …
No Heightened Pleading Standard in Municipal Liability Cases by The U.S. Supreme Court held that there is no heightened pleading standard" in §1983 actions alleging municipal liability. Petitioners, Texas homeowners, brought a §1983 action against a County, two municipal corporations and local officials acting in their official capacity alleging Fourth …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Article • May 15, 2007
Warrantless Search by Probation Officer Constitutional by The U.S. Supreme Court held that a warrantless search of a probationer's house by probation officers did not violate the Fourth Amendment. Petitioner, a Wisconsin probationer, was charged with felony possession of a firearm by a felon after probation officers, acting on a …
Article • May 15, 2007
Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime by Washington Appeals Court Reverses DNA Sample Requirement for Attempted Crime On November 29, 2004, the Washington Court of Appeals, Division I, held that unless specifically noted under a state law requiring the submission of DNA samples for certain crimes, …
Ionscan Test Reasonable Cause to Require Urinalysis Test by Florida's Fourth District Court of Appeals held that reasonable suspicion of use of drugs existed to require a Florida Department of Corrections (FDOC) guard to submit to a urinalysis test. This action is an appeal of a final order of the …
Article • May 15, 2007
Kentucky Juvenile Prisoner Was Properly Strip Searched for Probable Cause by The U.S. Western District of Kentucky determined a strip search of a juvenile was reasonable if there was probable cause. Katherine Reynolds, a troubled youth, had been arrested and found guilty of possession of marijuana, second degree forgery and …
Missouri Supreme Court Allows Actual Innocence Claims in Death Penalty Habeas by By Matthew T. Clarke In a case of first impression, the Supreme Court of Missouri (SCM) has held that a death-sentenced prisoner may raise a freestanding claim of actual innocence in a state habeas petition. Joseph Amrine, formerly …
Article • May 15, 2007
Plaintiffs' Summary Judgment Motion Denied In Strip Search Case by The United States District Court for the Southern District of New York held in a § 1983 action challenging a city's strip search policy that the city's claims were not collaterally estopped by state law, it's strip search policy was …
Article • May 15, 2007
DC Detainees Strip Searched After Receiving Release Orders State Claim by The United States District Court for the District of Columbia (D.C.) held that plaintiffs, prisoners suing the D.C. Jail for performing strip searches on them when returning to the jail after receiving their release orders, had stated a valid …
$1,500 Paid in WA Retaliation Suit by Washington State Penitentiary prisoner Lawrence Owens filed a 42 U.S.C. §1983 action in the Western Washington District federal court. The complaint alleged Owens was subjected to strip searches he when he made law library visits, had Photo copies destroyed by the law librarian, …
Article • May 15, 2007
$11,000 Paid in Illegal WA DNA Testing by McNeil Island Corrections Center Andre R. Goncalves filed a 42 U.S.0 §1983 action in the Western District of Washington federal court. The complaint asserted Fourth Amendment claims for requiring him to give a blood sample for DNA in the State's DNA database …
Article • May 15, 2007
Passing Through Metal Detector Partly Disrobed Not "Strip Search" by Passing Through Metal Detector Partly Disrobed Not "Strip Search" The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Eastern District of Arkansas, held that a state prison guard's requirement that an eight-year-old female visitor pass …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
Illegal Search Precludes Policeman's Qualified Immunity; Affirms Plaintiff's Summary Judgment by The U.S. Southern District Court of New York determined that a police Sergeant was not entitled to qualified immunity for an unreasonable strip search. Nicole Sarnicola was arrested for suspicion of dealing drugs and was taken to the Tarrytown …
Article • May 15, 2007
$35,000 Paid in WA Jail Illegal Strip Search by In November 1999 a 15 year-old girl was arrested in Okanogon County, Washington, for failing to appear at a truancy hearing, a civil matter. The juvenile was strip-searched by a guard at the jail. The search was conducted in a room …
Article • May 15, 2007
New York District Court Grants Partial Summary Judgment to Sheriff by The United States District Court for the Southern District of New York granted partial summary judgment to a county sheriff who had a blanket policy of strip-searching all arrestees. Jaime Murcia was arrested on a federal felony warrant for …
Article • May 15, 2007
Contact Visits/Presence at Shakedown Not Required by Pretrial detainees at the Los Angeles County Central Jail filed a suit in federal district court under 42 U.S.C. § 1983. It alleged that the jail's policy of forbidding contacting visits and randomly shaking down cells in the detainees' absence violated the Due …
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