Skip navigation

Search

1412 results
Page 47 of 71. « Previous | 1 2 3 4 ... 43 44 45 46 47 48 49 50 51 ... 67 68 69 70 71 | Next »

MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
Article • May 15, 2007
Visitor has Right to Due Process Hearing Before Termination of Visit Privileges by The Oregon Court of Appeals has held that a visitor, who had her privilege to visit her husband permanently revoked after he was found with a balloon full of marijuana in his rectum in a post visit …
Article • May 15, 2007
Filed under: Searches, Drug Testing, Parole
Federal Probation Officers Can't Order Probationers to Drug Treatment by Manuel Carrera, a federal prisoner in Puerto Rico, was sentenced to five years' supervised release after completing a 78-month prison sentence for drug sales. As a condition of his release, the district court directed Carrera's probation officer to set up …
Article • May 15, 2007
Random Searches Of Pennsylvania Prison Visitors' Vehicles Held Constitutional by In a ruling that applies the limited rights of prisoners to those who visit prisoners, the U.S. District Court for the District of Pennsylvania held that prison officials can randomly search visitors' vehicles regardless of individualized suspicion or cause. On …
Article • May 15, 2007
Unreasonable Search Claim Survives Summary Judgment by Former New Hampshire state prisoner Shelia Elliott filed a Federal civil rights complaint alleging that a strip search conducted by a private transport company (Transcor) employee under contract with New Hampshire was unreasonable and violated her right to privacy under the First and …
TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records by TN Newspaper Entitled to Full Attorney Fees in Actions to Compel Disclosure of Public Records Police in Lebanon, Tennessee conducted a drug raid at the wrong house and fatally shot the man who lived …
Article • May 15, 2007
Kansas Prisoner Convicted of Sodomy Entitled to DNA Testing by Dale Denney, a Kansas state prisoner, was convicted of sodomy in 1992. He later filed a motion in the trial court requesting that DNA tests be performed, pursuant to KSA 2003 § 21-2512.p The trial court denied the motion because …
Article • May 15, 2007
Class Certified in Customs Strip Search Suit by African-American women sued the Customs Service over airport searches. The commonality requirement for class certification "is not a demanding requirement; one issue of fact or law common to all class members will suffice." Here the common issues are whether or not the …
Article • May 15, 2007
NY Court Certifies Class Action of Pay Searched Minorities by The court certifies a class of black and Latino men stopped and frisked by the Street Crimes Unit and alleging lack of probable cause and racial profiling. Class certification is particularly appropriate where a plaintiff seeks injunctive relief against discriminatory …
Article • May 15, 2007
Filed under: Medical, OB/GYN, Drug Testing
Supreme Court Bans Drug Testing of Pregnant Women by At 1288: "The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results of those tests will not be shared with nonmedical personnel without her consent." See: Ferguson v. City of Charleston, …
Retroactive Federal DNA Testing for Parolees Upheld by The federal statute requiring DNA samples from everybody on supervised release was retroactively applicable to all persons who were on supervised release when it was enacted. This retroactive application did not deny due process or the Ex Post Facto Clause and was …
Suit Over Virginia DOC Drug Testing Practices Dismissed by The plaintiffs alleged that Virginia accepted money under the Violent Offenders Incarceration and Truth-in-Sentencing Incentive Grants program, which require it to implement a program of controlled substance testing for drug use, which must be consistent with the Attorney General's guidelines. The …
Article • May 15, 2007
Filed under: Searches, Police Searches
Single Wrongful Police Search Enough to Assert Policy by The plaintiff was walking on the street and a police officer asked for her identification; she explained she didn't have it because she had left her wallet at the grocery store; the officer forcibly took her into custody and searched her. …
Important Application of Qualified Immunity to Supervisory Liability Claims by This is probably the most important opinion the Second Circuit has issued concerning the application of qualified immunity to supervisory liability. Although it is not a prison case, it has significant implications for a largely unrecognized question in prison litigation. …
South Dakota Juvenile Strip Searches Enjoined by Former juvenile detainees challenged the policy of strip-searching all juveniles admitted to the detention center regardless of the nature of their charges or the existence of reasonable suspicion. The policy is unconstitutional. An expert's conclusions that the policies and procedures were "neither unconstitutional …
Article • May 15, 2007
New York Jail Strip Search Upheld by The plaintiff was arrested on a civil contempt warrant and was strip-searched in a holding cell at the courthouse upon arrest; upon intake at the county jail; and upon admission to the jail's SHU, where he was taken after being found with contraband, …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
Article • May 15, 2007
Federal DNA Sample Parole Condition Upheld by A supervised release condition requiring the defendant to "cooperate in the collection of DNA as directed by the U.S. probation officer" does not violate the Fourth Amendment and is not unconstitutionally vague, given the extensive rules and restrictions that govern the collection and …
Article • May 15, 2007
Jail Insurance Agreements Subject to Discovery by In a jail strip search suit, the court holds that reinsurance agreements between a self-funded insurance pool of counties and its reinsurers are subject to disclosure under Fed.R.Civ.P. 26(a)(1)(D) governing discovery of insurance agreements. See: Tardiff v. Knox County, 224 F.R.D. 522 (D.Me. …
Article • May 15, 2007
Turner Applied to Some Juvenile Prisoner Strip Searches by The plaintiffs, parents of two female children, challenged the lawfulness of strip searches in juvenile detention centers, which contain persons awaiting trial following arrest for serious juvenile offenses, or for less serious offenses if the parents refuse to take the child …
Page 47 of 71. « Previous | 1 2 3 4 ... 43 44 45 46 47 48 49 50 51 ... 67 68 69 70 71 | Next »