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Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
Article • February 15, 2009
N.Y. Guards Remain In Nassau Correction Center Kitchens by The Nassau County (New York) Sheriff Officer's Association, Inc. (SOA) appealed their preliminary injunction denial allowing civilian workers and supervisors to replace guards at the Nassau County Correction Center (NCCC). The denial was reversed. The SOA filed suit after kitchen workers …
Officials Agree To Cap Population at D.C. Jail by Michael Rigby After decades of fighting lawsuits, skirting court orders, and defying legislative decrees, the District of Columbia Mayor’s Office has finally agreed to a definitive population cap at the notoriously overcrowded and dangerous D.C. Jail. Under the terms of the …
Utah Sex Offender Internet Registry Statute Violates First Amendment by Mark Wilson On September 25, 2008, a federal court in Utah enjoined the enforcement of an amended statute requiring the state’s 7,000 registered sex offenders to report all of their Internet identifiers, including user names, passwords and website addresses. In …
Article • January 15, 2009
Iowa Court Holds Prison Chaplains At Taxpayer Expense Constitutional by Defendant Iowa State officials and plaintiff taxpayers appealed the provisions of an order enjoining the state from employing chaplains for prison based religious activity. The order was reversed. Taxpayers Delores Rudd and Charlotte Walker filed suit alleging that state paid …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Washington Civil Commitment Injunction Reaffirmed; No Appellate Jurisdiction to Review Contempt Sanctions by The United States Court of Appeals for the Ninth Circuit reaffirmed their ruling upholding the so-called "Turay Injunction" but refused to hear an appeal of $10 million., in contempt sanctions against the defendants due to lack of …
Article • August 15, 2008
Consent Decree Not Final Judgment for Appeal by A consent decree addressing the rights of the institutionalized mentally retarded provided for the appointment of a monitor, to end on a date certain unless extended by court order. The court extended the term for three years. The order is not a …
Article • August 15, 2008
Plaintiff Barred “For Life” from Filing Lawsuits Without Court Permission by The plaintiff has filed 34 federal civil lawsuits, 17 of which have been dismissed as frivolous; two are proceeding to trial; others have been dismissed for failure to prosecute or to comply with court orders. This lawsuit largely repeats …
Class Certification Denied in Suit by Disabled NM Children Prisoners by The plaintiffs, 16 mentally or developmentally disabled children in state custody, alleged a failure to provide protections and therapeutic services required by federal statutes and Constitution, seeking certification of a class of children "in or at risk of State …
Beating, Pepper Spraying of Prisoners on Bus Ride Upheld by The plaintiff was "subdued" after protesting the treatment of another prisoner in the yard. The next day, he and other inmates were put shackled on a bus for transfer, and some of the prisoners created a disturbance on the bus. …
Article • August 15, 2008
No Class Certification Required Where Medicaid Rule Struck Down by The court denies class certification as an "unnecessary formality" after striking down a state Medicaid regulation, noting that the defendants had assured the court that they would apply a decision favorable to the named plaintiffs to all persons affected by …
Article • August 15, 2008
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
PLN Loses Final Round in FDOC Writer Pay Ban / Censorship Suit by The Eleventh Circuit Court of Appeals has upheld a Florida district court’s grant of judgment to the Florida Department of Corrections (FDOC) in a lawsuit filed by PLN challenging the FDOC’s writer pay ban and policy of …
Article • August 15, 2008
Dismissal of Colorado Transsexual Suit Reversed by The Colorado Court of Appeals reversed the dismissal of a transsexual prisoner’s lawsuit seeking treatment by a gender specialist counselor. Christopher Grey, a Colorado prisoner, suffers from gender identity disorder (a.k.a. transsexualism), and refers to himself as Crystal, Catherine Jene, and “C.J.” Grey …
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