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Article • May 15, 2007
Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case by Washington Appeals Court Affirms Right to Witnesses in Pee Shy Disciplinary Case The Washington Court of Appeals held that a prisoner has the right to call witnesses at a prison disciplinary hearing to over the presumption that …
Article • May 15, 2007
Cell Search Ordered By Prosecutor Actionable Under Fourth Amendment by The U.S. Court of Appeals for the Second Circuit held that a prisoner in New York's Metropolitan Correctional Center retained sufficient Fourth Amendment rights to challenge a cell search initiated by the prosecution in his criminal case. Three defendants appealed …
Article • May 15, 2007
Removal of Property to Separate Legal and Non-Legal Materials Approved by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Iowa, held that removal of a prisoner's property to separate legal from non-legal materials and to then search the non-legal materials outside …
Article • May 15, 2007
Iowa Jail Blanket Strip Search Policy Unconstitutional by An Iowa federal district court held that strip searches of temporary pre- arraignment detainees charged with minor offenses not normally associated with weapons or contraband are permissible under the Fourth Amendment only if there is a basis for reasonable suspicion that the …
Article • May 15, 2007
Guard's Drug Test Constitutional by The U.S. Eighth Circuit Court of Appeals affirmed with modification a federal district court's grant of summary judgment and dismissal to municipal defendants who fired a guard who had failed a random drug test. Eugene Booker was a guard at the Medium Security Institution (MSI) …
Article • May 15, 2007
Georgia Jury Awards $15,000 for Illegal Strip Search by Marilyn Snyder was pulled over in Georgia's Habersham County for suspected driving while under the influence. After she failed a roadside breath test, she was taken to the county jail where she was strip- searched. Thereafter, Snyder was given an Intoxilizer …
Article • May 15, 2007
No Fourteenth Amendment Violation Resulting From Losses During Cell Search by The U.S. Supreme Court held that the Fourteenth Amendment does not protect a prisoner's possessions and that prisoners have no reasonable expectation of privacy" in their cells. A Virginia prisoner filed suit in response to a cell search by …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the …
Article • May 15, 2007
D.C. Female Arrestees File Tort Claims Over Illegal Strip Searches by The U.S. District Court, District of Columbia, denied in part and granted in part a motion to dismiss a lawsuit filed by female arrestees against the United States Marshals Service (defendants), for allegedly conducting illegal strip searches on them. …
Article • May 15, 2007
Filed under: Searches, Cell Searches
Prisoner Has No Reasonable Expectation Of Privacy In Cell by The U.S. Ninth Circuit Court of Appeals held that the search of a prisoner's cell and dissemination of his mail did not violate the Fourth Amendment, but remanded to the district court his First Amendment claims. While a California state …
Article • May 15, 2007
$210,000 Awarded Indiana Guard for Retaliation by Supervisors by An Indiana federal jury awarded guard Nancy Spiegla $210,000 in a lawsuit alleging retaliation for her protected speech rights. Spiegla had worked at Indiana's Westville Correctional Facility since 1985. She was known as a stickler for applying rules, and for years …
Article • May 15, 2007
San Mateo, California Jail Strip Search Plaintiffs Win Class Certification by The U.S.D.C. (N.D. Cal.) granted plaintiff's F.R.Civ.P. Rule 23 motion for class certification of her civil rights action against San Mateo County, California for the class of strip searched pre-arraignment jail detainees between February 3, 2002 and December 2, …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
Article • May 15, 2007
Drug Patch Discussed by In a motion to revoke a federal probationer's parole, a federal district court in New York gives a detailed discussion on the Pharmchem drug testing sweat patch. The sweat patch is affixed to human skin and absorbs sweat which is later tested for drugs. The court …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Virginia Court Defines Strip Search by A Virginia appeals court held that a search of an arrestee that was incident to an arrest for auto theft did not constitute a strip search. The arresting officer testified that while pat searching the arrestee he heard the crinkle of plastic in the …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
New Mexico: $50,000 Settlement For False Arrest, Unconstitutional Strip Search by In the week of January 1, 2001, a lawsuit alleging false arrest and an unconstitutional strip search in retaliation for supporting a particular candidate for district attorney settled for $50,000. In 1999, while attending Gallup High School, Emily Ellison …
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