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Article • May 15, 2007
Unsentenced Convicted Prisoners Subjected to Sandin v. Conner by The Fifth Circuit court of appeals held that prisoners, who have been convicted, but not yet sentenced, are to be treated the same as sentenced prisoners with regards to their entitlement to due process under Sandin v. Conner. Terry D. Tilmon, …
Article • May 15, 2007
NY Prisoner Awarded $150 for Wrongful SHU Placement by A New York state court of claims found that a prisoner wrongfully confined in a special housing unit (SHU) for two weeks and awarded him $150. On January 17, 2000, New York Department of Correctional Services (DCS) prisoner Anthony Amaker was …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
MO Ad-Seg Regulations Create Liberty Interest by The Eighth Circuit Court of Appeals held that Missouri State Penitentiary Regulation 20-212.040 creates a protected liberty interest that controls the placement of prisoners from the general population into administrative segregation. Two Missouri prisoners filed a 42 U.S.C § 1983 seeking damages for …
Article • May 15, 2007
New York: $600 For 60 Days Wrongful Confinement In Segregation by On May 17, 2004, a court of claims in Binghamton, New York, awarded $600 to a state prisoner who was wrongfully confined in "keep-lock" for 60 days. Luis Rosales, a New York state prisoner, was placed in keep-lock confinement …
Article • May 15, 2007
New York Guard's Appeal Dismissed for Lack of Hypothetical Assumption by Rene Tellier, a New York state prisoner, sued guards at the New York Metropolitan Correctional Center in federal district court for keeping him in the Special Housing Unit for one and a half years without affording him due process …
Plaintiff Must Prove Liberty Interest in Avoiding Segregation by The plaintiff received a 30-day punitive segregation sentence and alleged deprivations of due process. At 1065: Assessing atypical and significant hardship is a question of fact that may require more than the complaint to assess, but this plaintiff filed hundreds of …
Jail Segregation Ban on Collect Calls Upheld by One of the plaintiff's claims was exhausted. At 291-92: He doesn't have "proof-positive," but he does have "some proof that his efforts to file grievances . . . were not facilitated by the Jail as required by the policy." Exhaustion is an …
Article • May 15, 2007
North Dakota Ad Seg Placement Upheld by The plaintiff was placed and retained in administrative segregation because he was threatening staff and other inmates. He received several opportunities to meet with the administrative segregation committee and the warden and declined them. His continuation in administrative segregation did not deny due …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
Qualified Immunity for Mental Hospital Officials Holding Patient in Segregation by The plaintiff was found not guilty by reason of insanity of murdering and mutilating his girlfriend. He was ordered to be admitted to a hospital for evaluation, but he wasn't for a long time because officials deemed him dangerous …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
BOP Mail Rule Banning Internet Downloads and Soft Cover Publications Not Sent by Publisher Held Unconstitutional by John Dannenberg by John E. Dannenberg On October 26, 2006, in an unpublished order, the U.S. District Court (D. Colo.) held that 28 C.F.R. § 540.71(a)(2), which restricts Bureau of Prisons (BOP) prisoners …
Stutes v. Tipton et al, VT, Complaint, CCA restraint segregation, 2007 DocUrTIPOt...P° 1 „Filed QV. base 13.1 HICT or H0-7 FH r .r.1 DISTrI&F COURT 711 0 7MAR 30 U STA - FOR THE ".01S CT OF VERIviONT E No. ,.t i . - 6 Kirk STUTES, Plaintiff -uu 11 …
Osterback v. McDonough, FL, Def's Findings of Fact, 8th Am segregation, 2007 Case 3:04-cv-00210-HLA-MCR Document 841 Filed 02/27/2007 Page 1 of 71 U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA Jacksonville Division MARK OSTERBACK, et al., Plaintiffs, v. Case no. 3:04-CV-210-J-25MCR JAMES MCDONOUGH , et al., Defendants. ________________________________/ DEFENDANTS’ PROPOSED FINDINGS …
The Warehousing of New Hampshire’s Mentally Ill by David Reutter The Warehousing of New Hampshire's Mentally Ill by David M. Reutter Despite over 30 years of litigation, mentally ill prisoners at the New Hampshire State Prison (NHSP) are still not receiving care to treat their conditions. In fact, with NHSP …
Cleaning up Mississippi’s Supermax: Conditions Suit Settled by David Reutter Cleaning up Mississippi's Supermax: Conditions Suit Settled by David M. Reutter A class action lawsuit filed on behalf of prisoners at the Mississippi State Penitentiary at Parchman charged that the totality of conditions are so "hellish" that it makes "Unit …
New York’s Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John Dannenberg New York's Governor Vetoes New Treatment Facilities For Mentally Ill Prisoners by John E. Dannenberg Prior to leaving office, on August 16, 2006, then New York Governor George Pataki (R)vetoed Assembly Bill No. 3926-A, which would …
Armstrong v Schwarzenegger, CA, Injunction, deaf disabled prisoner ad seg, 2007
Article • January 15, 2007 • from PLN January, 2007
Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown by Michael Rigby Fifth Circuit Reinstates Texas Prisoners' Challenge to Extended Lockdown by Michael Rigby The U.S. Fifth Circuit Court of Appeals reinstated a prisoner lawsuit challenging the Texas Department of Criminal Justice's practice of indefinite segregation without due process. C. …
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