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WA Prisoner Gets Major Infraction Dismissed After Filing PRP by Rahih Aboul-Hosn, a Washington state prisoner, filed a Personal Restraint Petition (PRP), in the Washington Court of Appeals, Division I, claiming that his due process rights were violated at a major infraction hearing, for an infraction he received while at …
Article • May 15, 2007
South Dakota Juvenile Detention Center's Blanket Strip Search Policy Unconstitutional by A South Dakota federal district court has held that the strip-searching of juveniles held for minor offenses violates the Fourth Amendment and denied the defendants qualified immunity. This class action suit was brought to challenge institution policies at South …
Article • May 15, 2007
Canadian Court Awards Female Prisoner $10,000 For Illegal Search by In the week of January 23, 2006, the Federal Court of Canada awarded $10,000 to a female prisoner who was subjected to an illegal body cavity search at the Grand Valley women's prison. Upon returning to Grand Valley after spending …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
Class Action Allowed in County Jail Strip Search Cases by The U.S. Court of Appeals for the First Circuit has approved class certification in two jail strip search cases. The cases were both brought in the U.S. District Court for the District of Maine and challenged the strip search policies …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
Article • May 15, 2007
Prison Employees Clearing Security Constitutes Paid Work Time by The Maryland Court of Appeals upheld an Administrative Law Judge's decision that the state prison could not force employees to use personal leave time to undergo searches while entering and leaving prison property. Kathleen Palmer and other employees of the Eastern …
Article • May 15, 2007
Police Surveillance Consent Decree Modified by The court directs modification of a consent decree intended to protect First Amendment activity against police surveillance by removing various onerous requirements ("a dizzying array of highly specific restrictions") while preserving the prohibition on investigations intended to interfere with or deter protected activity and …
Article • May 15, 2007
Stripping Detainees Naked for Hours States Claim by The plaintiffs are arrestees who refused to answer suicide screening questions. They were treated as posing a suicide risk and were placed in a cell completely naked for periods from 6 to 18 hours, subjected to video surveillance and in most cases …
Article • May 15, 2007
Not Allowing Prisoner to View Disciplinary Video Upheld by The petitioner was disciplined for stealing a mattress, as supposedly revealed by a videotape; he was not permitted to see the videotape because prison officials "did not want the offenders to know the capabilities of the cameras for security reasons." The …
Article • May 15, 2007
Partial Disrobing Qualifies as Strip Search by Strip searches incident to arrest must be justified by facts pertaining to the particular arrest, such as the nature of the charge or other circumstances, but cannot be justified by factors relating to the correctional facility. Therefore the commingling of misdemeanor arrestees with …
Article • May 15, 2007
Filed under: Searches, Police Searches
Complaint Against Police Survives Motion to Dismiss by The plaintiffs complained of a warrantless search and use of force by police officers. At 994: The City argues that the appropriate standard for a motion to dismiss is "not whether plaintiffs can demonstrate a set of facts, but rather, . . …
Article • May 15, 2007
Sexually Intrusive Public Pat Search Violates Constitution by The plaintiff was arrested on misdemeanor noise charges and subjected to a search that amounted to a pat frisk inside her dress, under which she was wearing nothing, in which the officer allegedly swiped his hand across her groin area, at which …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
Article • May 15, 2007
Strip Search of Juvenile Prisoner Upheld by The plaintiff, a 16-year-old girl, was sent to a state-approved private facility for juvenile offenders, where she admittedly used more drugs; she and others were observed "acting strangely" and staff told a passing police officer, who stopped in "to assess the situation." They …
Article • May 15, 2007
No Media Filming of Missouri Execution Allowed by Two Reverends and the New Life Evangelistic Center challenged the prison system's ban on cameras and tape recorders at executions. The case is not mooted by the completion of the execution the plaintiffs wanted to videotape. The case falls squarely within the …
Article • May 15, 2007
Student Strip Search Upheld Due To Vulgar Leaflet by Student Strip Search Upheld Due To Vulgar Leaflet Strip searches of arrestees must be supported by reasonable suspicion of weapons or contraband. There was reasonable cause to strip search a high school student who was arrested after helping create and circulate …
Article • May 15, 2007
Delousing Shampoo Process Upheld by A Johnson County, Indiana, jail policy requiring incoming inmates to use a delousing shampoo did not violate their due process right to be free from unwanted medical treatment. The court assumes without deciding that use of the shampoo constitutes medical treatment and says that the …
Article • May 15, 2007
Child Visitors Clothing Removal Upheld by The plaintiff, suing as next friend of her eight-year-old granddaughter, visited the plaintiff's son in an Arkansas state prison; the child set off the metal detector, and everyone agreed the reason was probably her metal overall buttons. She was told that to visit she …
Article • May 15, 2007
Filed under: Searches, Strip Searches
No Summary Judgment in Strip Search Suit While Discovery Underway by Plaintiffs challenged a jail policy of strip searching prisoners who returned to jail to await release, and the court denied a motion to dismiss citing a similar case from Illinois. Now the defendants move for summary judgment based on …
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