Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
$500,000 Verdict in Pennsylvania Legal Malpractice Claim by The plaintiff in this case was charged with rape and indecent assault against a woman who was present at an orgy. Plaintiff said the matter was a consensual encounter. Plaintiff was held in Pennsylvania's Holmesburg Prison in lieu of 10% of a …
Summary Judgment Denied in Court Access Retaliation Claim by A federal district court in Pennsylvania held that disputed issues of fact required a trial in a Pennsylvania state prisoner's lawsuit that prison officials had retaliated against him for having filed lawsuits by confiscating his legal papers, which caused him to …
$350,000 Awarded in Pennsylvania False Rape Charges by The plaintiff in this case was accused of raping the defendant at knife point in January 1985. The plaintiff was convicted and sentenced to 7.5 to 15 years in prison. The defendant claimed she received threatening letters and phone calls at the …
Summary Judgment for Jail Guard Upheld; Punch, Injury De Minimis by The U.S. Third Circuit Court of Appeals upheld a district court's grant of summary judgment to a jail guard in a case where a prisoner claimed he had been punched by the guard. Luis Reyes was housed in the …
Use of Stun Gun, Four-Point Restraints Not Constitutional Violation by The U.S. Third Circuit Court of Appeals affirmed a federal district court in Pennsylvania by holding that a state prisoner's Eighth Amendment rights were not violated by guards' use of a stun gun and four-point restraints, where evidence showed the …
PA Legal Assistance Suit Remanded by The Court of Appeals for the Third Circuit held that the lower court had erred when it dismissed, on summary judgment, a Pennsylvania state prisoner's claims that he was not allowed to assist other prisoners with legal claims, had been denied use of the …
PA Prisoner Has No Right to "Idle Pay" by PA Prisoner Has No Right to "Idle Pay" The Commonwealth of Pennsylvania Court held a prisoner does not have a property interest in receiving "idle pay." The State Correctional Institution at Frackville prisoner was provided idle pay at a rate of …
Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld by Attorney Fees Awarded to Counsel That Withdrew Prior to Trial; Beating Damage Award Upheld The Third Circuit Court of Appeals held a prevailing plaintiff is entitled to the award of attorney fees for services that …
Pervasive Risk of Harm Violates Eight Amendment by The Third Circuit Court of Appeals has held that a prisoner stated an Eighth Amendment claim for prison official's deliberate indifference to a pervasive risk of harm. The Pennsylvania prisoner alleged that he had to live day in and day out with …
Waiver Issue Requires Determination by District Court by The Third Circuit Court of Appeals has remanded to a Pennsylvania District Court to determine if a prisoner waived a future injury claim on summary judgment. The Third Circuit had previously affirmed the district court's grant of summary judgment for defendants premised …
Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable by Third Circuit: PHS Subject to Successor Liability, Relation-Back Statute Inapplicable In this case involving a Title VII discrimination suit against Correctional Physician Services (CPS), the U.S. Third Circuit Court of Appeals held that the company's buyer, Prison Health Services …
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief, under 42 U.S.C. § 1983, for the violation of his constitutional rights. In this case, Pennsylvania state …
Personal Capacity Suits Not Barred by 11th Amendment by The United States Supreme Court has held that state officials sued in their individual capacities are "persons" within the meaning of Section 1983; the Eleventh Amendment does not bar such suits, nor are state officers absolutely immune from personal liability under …
$440,000 Paid in Pennsylvania Detainee's Suicide by A Pennsylvania federal district court held that guards at the Philadelphia Detention Center can be liable for their acts and omissions in a pretrial detainee's hanging death. While at the Detention Center, Patrick Gaudreau exhibited behavior that resulted in him being involuntarily committed …
PA Pre-Trial Detainee's Transfer to State Prison Held Unconstitutional by After several guards were stabbed, a number of pre-trial detainees were transferred from a Pennsylvania county jail to a state prison. They didn't receive notice or a hearing before their transfers, and conditions at the prison were much harsher than …
Parole Condition Banning Pornography Too Vague by The defendant, convicted of possessing child pornography, was forbidden as a condition of post-incarceration supervised release to possess any pornography, child or otherwise. The court rejects the government's position that the condition isn't ripe for judicial review until it is enforced, since it …
BOP Can Perform Autopsy Over Executed Prisoner's Religious Objection by A federal statute prescribes that federal death sentences be implemented consistently with the law of the state where the sentence was imposed, even if the execution is to take place elsewhere. State procedures take precedence over inconsistent regulations promulgated by …
Free Speech Protects Right to Hire, Consult with Counsel by At 324: "The right to hire and consult an attorney is protected by the First Amendment's guarantee of freedom of speech, association and petition. . . ." "[T]he First Amendment prohibits the state from interfering with collective action by individuals …
Trial Court Abuses Discretion in Dismissed Suit over Filing Fee Payment by The plaintiff neither signed an authorization form authorizing deduction of filing fees from his account nor withdrew the action within the 20 days allowed; the court dismissed without prejudice. The order is appealable even though dismissals with prejudice …
