CCA Pays $438,626 for Discriminatory Hiring Practices in Arizona by Corrections Corporation of America (CCA), the nation's largest private prison operator, has agreed to pay more than $438,000 to settle allegations of discriminatory hiring practices at the company's Central Arizona Detention Center in Florence, according to a February 23, 2007 …
Arizona Enacts Three Strikes Law, Again by The Arizona Legislator and Governor have continued exploiting the ?get tough on poor criminals? bandwagon, enacting SB 1444, in April, 2006, a law that requires a life sentence for any person convicted of a third violent felony. That law prohibits ?suspension of sentence, …
Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined by John Dannenberg Phoenix, Arizona Sheriff's Policy Delaying Prisoners' Elective Abortions Enjoined by John E. Dannenberg Maricopa County, Arizona Sheriff Joe Arpaio's policy that required a female prisoner seeking an elective abortion to first obtain a court order for this procedure …
Prisoner Had Standing to Enforce Consent Decree by The Ninth Circuit Court of Appeals held 265 prisoners of the Arizona Department of Corrections have standing to enforce a 1973 consent decree even though none of those prisoners was a party to the 1973 suit. The court held that prisoners are …
Federal Parolee Not Entitled To Immediate Revocation Hearing by The U.S. Supreme Court held that a federal parolee imprisoned for federal crimes that he committed while on parole had no constitutional right to an immediate parole revocation hearing. Petitioner originally received a 10-year sentence for a rape committed on an …
Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations by Parolee has Right to Confront Witnesses of Denied Violations Despite Admitting Other Violations The Ninth Circuit Court of Appeals held a parolee has a right to cross- examine witnesses at a parole revocation hearing on charges …
Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified by Third-Party Prisoners Have Standing to Enforce Consent Decree; ADOC Bound By Decree Until Modified The Ninth Circuit Court of Appeals held Arizona Prisoners not parties to a 1973 consent decree had standing to enforce that …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
ADOC Director's Educational Background Ordered Disclosed in Medical Suit by by Bob Williams The United States District Court for the District of Arizona has ordered the ADOC's former director to disclose his educational background and also ordered disclosure of medical protocols, policies, and directives as well as specific guard information. …
No Retroactive Suspension Of Worker Compensation In AZ by The Supreme Court of Arizona, sitting En Banc, held that Arizona Revised Statute § 23-1031, which authorizes the suspension of worker compensation benefits to persons convicted of a crime and incarcerated, could not be applied retroactively. The Supreme Court review consolidated …
Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment by Guard's Interference With Arizona Prisoner's Receipt of Prescribed Special Diet May Violate 8th Amendment Lewis Harry, an Arizona state prisoner, sued the state Department of Corrections (DOC) after DOC guards refused to let him have …
Default Entered Against Guards for Failing to Answer Summons Served by Prisoner by The Ninth Circuit Court of Appeals affirmed a district court's entry of default against prison guards who failed to answer a complaint after being served summons by a non-party prisoner. The 42 U.S.C. §1983 complaint alleged five …
Ninth Circuit Reverses Dismissal of Mail Rule Challenges by On September 24, 1998, the Ninth Circuit Court of Appeals issued an unpublished opinion, vacating in part, summary judgment granted to jail officials on challenges to prison mail rules. Phoenix, Arizona jail prisoner Mark Price brought suit in federal court challenging …
$303,113 Verdict in Negligence Failure to Train Arizona Worker Case by While imprisoned in Arizona, James Jenkins agreed to work in the Department of Public Works Maintenance yard in Duncan. On October 9, 1996, Jenkins was instructed to take a street sweeper to a gas station. He lost control of …
Involuntary Appointment of Lawyers to do Arbitration Upheld by An Arizona statute and rules of procedure resulting in attorneys' being assigned involuntarily to conduct arbitrations for no more than two days a year, for which they are paid $75 a day, with no reimbursement for expenses, is not an unconstitutional …
Resentencing Required After BOP Changes Work Release Rule by The criminal defendant alleged that the district court sentenced him under the belief that he could be placed in a community corrections center, and that if it had known the real state of the law it would have given him a …
Legal Mail Claim Requires Hearing & Due Process by Legal Mail Claim Requires Hearing & Due Process The court of appeals for the Ninth circuit held that a district court erred when it granted summary judgment to Arizona prison officials sued for opening legal mail outside the plaintiff's presence. The …
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
Removal of Disruptive Pro Se Plaintiff during Cross Examination Upheld by A pro se prison plaintiff was removed from the courtroom during the trial after he persisted in disrupting the cross-examination of one of his witnesses (an adverse witness) with frivolous objections. After the cross-examination was over, he was allowed …
