$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Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections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 …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
Legislation Supplies Notice On Its Own by At 1181-82: Whether an affected party is entitled to individual notice and a pre-deprivation hearing depends upon the character of the action. When the action is purely legislative, the statute satisfies due process if the enacting body provides public notice and open hearings. …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
Right to Attorney Contact Visits by The court of appeals for the Ninth circuit held that Arizona prisoners and attorneys have a court access right to contact visits. Denial of contact visits inhibits effective attorney-client communication. See: Ching v. Lewis, 895 F.2d 608 (9th Cir. 1990).
Unsanitary Food, Contaminated Water State Claim by The court of appeals for the Ninth circuit held that allegations of unsanitary food handling and polluted water in an Arizona prison stated a claim. The district court erred in dismissing the suit as frivolous. Not a ruling on the merits. See: Jackson …
No Right to Typewriter by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a memory typewriter. All courts to consider this issue have uniformly held that prisoners have no right whatsoever to typewriters or word processors. No free speech or court …
No Right to Grievance Procedure, Confidential Media Mail by The court of appeals for the Ninth circuit held that an Arizona prisoner had no right to a prison grievance procedure. Prisoners have no right to have mail to the media treated as confidential legal mail. Note the media mail issue …
Prisoner Strip Searches Upheld by The courts of appeal for the Eighth and Ninth circuit's upheld Iowa and Arizona prison policies of visually strip searching all prisoners in ad seg entering or leaving their cells. All circuit courts to consider this issue have upheld the visual strip searches of prisoners. …
Judicial Immunity Does Not Bar Injunctive Relief or Attorney Fees by The U.S. Supreme Court held that judicial immunity did not preclude issuance of injunctive relief against a Virginia state magistrate nor did it bar the award of attorney fees against her in a civil rights action. Respondents were arrested …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Arizona Internet Ban Permanently Enjoined by John E Dannenberg by John E. Dannenberg On May 19, 2003, the U.S. District Court (D. Ariz.) granted summary judgment, permanently enjoining enforcement of Arizona House Bill 2376 (HB 2376), a 2002 state statute that had made it a misdemeanor for Arizona Department of …
Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit by Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit The Ninth Circuit Court of Appeals held that Arizona law tolls the statute …
