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Exhaustion Required for Retaliatory Transfer Claim by The plaintiff complained that after he won a lawsuit for the denial of a liver transplant, he became the object of a blitz of disciplinary reports and was then transferred to a maximum security prison. The district court dismissed for nonexhaustion. The court …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
Disciplinary Charges Immaterial to Criminal Trial for Same Incident by The criminal defendant was placed in administrative segregation after he was discovered to have ingested 25 balloons of marijuana. Five months later, he was indicted. He alleged that he was not given a copy of his incident report or adequate …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
Article • May 15, 2007
Segregation Prisoners Entitled to Exercise and Showers by The court of appeals for the Seventh circuit modified and affirmed a district court injunction requiring that Illinois prisoners in segregation for more than 90 days receive at least five hours of outdoor exercise and three showers per week. The suit was …
Article • May 15, 2007
$4,226 Awarded in Missouri Filthy Cell Suit by The court of appeals for the Eighth circuit affirmed a jury verdict of $4,226 in favor of a Missouri prisoner confined in a filthy cell. Plaintiff was confined for two years in the segregation unit of the Missouri State Penitentiary in a …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Article • May 15, 2007
$680 in Damages Awarded for Ad-Seg Placement by A federal district court in Delaware awarded a prisoner $680 in damages after the plaintiff was placed in administrative segregation for six days without due process. The plaintiff, a Delaware prisoner, was placed in ad seg after a prison riot. He was …
Paraplegic States Claim over Ad-Seg Conditions by Paraplegic States Claim Over Ad-Seg Conditions The court of appeals for the Fifth circuit affirmed in part, reversed and remanded in part, numerous claims made by a paraplegic Texas state prisoner in administrative segregation. Prior panel rulings in this case are reported at …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Ban on Sharing Literature in Seg Unit Questioned by The court of appeals for the Fifth circuit reversed and remanded the dismissal of a suit by Alabama prisoners in protective custody challenging a segregation rule prohibiting prisoners from giving anything to prisoners in the segregation unit. The court held prison …
Due Process Required for Disciplinary Segregation by A federal district court in Nevada granted partial summary judgment to a Nevada state prisoner holding that the plaintiff's right to due process was violated when he was placed in disciplinary segregation from administrative segregation without notice of the charges or a hearing …
Article • May 15, 2007
Political Beliefs Merit Control Unit Placement by The court of appeals for the District of Columbia reversed and remanded a lower court's injunction against the Bureau of Prisons that had prohibited the placement of political prisoners in a special control unit for women prisoners based solely on their political beliefs …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
Article • May 15, 2007
Charges Alone Don't Justify Ad-Seg for Detainees by A federal district court in New York held that there was no reason to keep mafia boss John Gotti in ad seg pending trial solely because he was accused of witness tampering and murder. Court ordered the defendants released into the jail's …
Article • May 15, 2007
Due Process for Control Unit Placement by The court of appeals for the Seventh circuit held that confinement in the Marion control unit, in and of itself, did not violate the Eighth amendment. The court affirmed most of a district court injunction ordering the BOP to improve various conditions as …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
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