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Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Article • May 15, 2007
Prison Officials May Require Visitors to Submit to Vehicle Searches by The Third Circuit Court of Appeals has held that prison officials may require visitors to submit to a vehicle search prior to entering prison grounds. This action was brought pro se by Teresa and Larry Neumeyer, residents of Michigan …
Preliminary Injunction Issued, Class Certified in NY Jail Strip Searches by This opinion follows the hearing planned in the previous opinion. The evidence showed that the defendants had nominally changed their policy from one of strip searching everyone brought to the jail to strip searching only those who met one …
Article • May 15, 2007
Georgia DNA Testing Statute Upheld by The court upholds a statute requiring DNA sampling of all convicted felons. It does not violate the Fourth Amendment. The bodily intrusion is minimal, and the state's compelling interest in obtaining reliable and accurate identifying characteristics of persons convicted of felonies outweighs it. The …
$825,000 Attorney Fee Award in Maine Strip-Search Settlement by In a class action strip-search case that settled for $3.3 million, a federal court in Maine awarded class counsel attorney fees totaling 25 percent of the settlement, or $825,000. The court directed counsel to provide documentation supporting accrued and projected litigation …
Article • May 15, 2007
Rectal Probe Searches Require Reasonable Suspicion by The court of appeals for the Tenth circuit held that a district court erred when it dismissed as frivolous a Kansas prisoner's lawsuit that he was subjected to a digital rectal probe. The appeals court reversed, holding that prison officials must have reasonable, …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
Article • May 15, 2007
Filed under: Searches, Drug Testing
No Chain of Custody Required for Urine Samples by The court of appeals for the Third circuit held in this class action suit by Pennsylvania prisoners, that due process was not violated when prison officials did not maintain a chain of custody record for urine samples purporting to show drug …
$7,000 Award in MD Jail Strip Search; Fees Remanded by The Fourth circuit court of appeals upheld the denial of a Baltimore, Maryland police officer's JNOV motion and objections to jury instructions. Plaintiff, a police officer, was arrested for disorderly conduct and strip searched as part of the arrest. At …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Chain of Custody Defect Doesn't Void Drug Test by The court of appeals for the Seventh circuit held that an Indiana state prisoner's due process rights were not violated when prison officials failed to maintain an adequate chain of custody for his urine sample that later tested positive for marijuana. …
Damages Awarded in NY Urine Test Suit by A federal district court in New York entered an injunction and awarded $3,243.50 in damages, plus attorney fees, to a New York prisoner whose urine specimen lacked a full chain on custody and where no required confirmation test for drug use was …
No Qualified Immunity for Rectal Searches by The court of appeals for the Ninth circuit upheld the denial of qualified immunity to Washington prison officials who bad promulgated a policy requiring that all prisoners in Intensive Management Units (IMU) be subjected to digital, rectal probes by prison medical staff. Thousands …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Prisoners Retain Some Right to Bodily Privacy by The court of appeals for the Sixth circuit held that a Michigan prisoner had stated a claim for violation of his religious right to "modesty" in challenging a prison practice of giving women guards full access to a men's prison where they …
Article • May 15, 2007
Jail Denial of Mattress States Claim, Okay to Strip Search Violent Arrestees by The court of appeals for the Ninth circuit held that a California pretrial detainee had stated a claim when he filed suit over the denial of a bed or mattress on the Los Angeles jail due to …
Article • May 15, 2007
Catalyst Theory Allows Fees in Strip Search Suit by The court of appeals for the Fourth circuit held that a plaintiff who voluntarily dismissed a lawsuit challenging a Virginia jail strip search policy, after state law was changed to ban such searches, was entitled to attorney fees for time spent …
Article • May 15, 2007
California Jail Strip Search States Claim by The court of appeals for the Ninth circuit held that jail strip search policies must be based on reasonable suspicion that the individual arrestee is concealing contraband on their person. A misdemeanor arrest requires "some other justification" for a strip search beyond the …
Article • May 15, 2007
Damage Award Upheld in Vaginal Search by The court of appeals for the Fourth circuit upheld a damage award of $4,000 to a Virginia prisoner who forcibly had her vagina searched by male and female guards for matches. Lower court held search was otherwise reasonable, but not with male guards …
Article • May 15, 2007
Rectal Search Requires Reasonable Suspicion by The court of appeals for the Tenth circuit vacated the criminal conviction of a federal prisoner in Oklahoma, holding the prison warden lacked "reasonable suspicion" to order a rectal search of the prisoner. The warden also failed to follow BOP regulations outlining the procedure …
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