Third Circuit Sets Standard for Juvenile Detainee Failure to Protect Claims by The Third Circuit Court of Appeals held that failure-to-protect claims against a juvenile detention center and its staff were properly analyzed under the deliberate indifference standard. The court also held that issues of fact precluded summary judgment for …
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Federal Supervised Release Begins on Day of Release From Imprisonment by The Third Circuit Court of Appeals held that a defendant's period of supervised release begins on the day the defendant is released from imprisonment. The defendant in this case was released to a Pennsylvania halfway house and later paroled …
$2,500 Awarded in Pennsylvania False Arrest Claim by The plaintiff in this case alleged that Wackenhut Corrections Corporation falsely imprisoned him due to mistaken identity, and failed to immediately release him when it was informed of the mistake by a parole officer. Plaintiff was stopped for a traffic violation in …
Videotape Evidence Properly Admitted in Prisoner's Beating Trial by The U.S. Third Circuit Court of Appeals, affirming the U.S. District Court, Western District of Pennsylvania, held that the district court did not err in admitting a videotape of the location where an attack took place, and that even if admitting …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail by The U.S. Third Circuit Court of Appeals held that pretrial detainees have a liberty interest in remaining at a local jail, but convicted prisoners have no right to stay at a given prison. In May 1973, the warden and …
Social Security Benefit Suspension For Civilly Committed Upheld by The Third Circuit Court of Appeals held that Social Security benefits may be suspended to a person confined "in connection with" a prior Not Guilty by Reason of Insanity (NGRI) verdict. The claimant was found by a jury to be NGRI …
No Constitutional Right To Appointed Counsel In Post Conviction Proceedings by The U.S. Supreme Court held that a Pennsylvania prisoner had no constitutional right to court appointed counsel in postconviction proceedings nor was counsel required to comport with Anders procedures when withdrawing. A Pennsylvania trial court convicted Dorothy Finley of …
Prisoner Need Not Surrender Amenities to Proceed In Forma Pauperis by The Third Circuit Court of Appeals held that prisoners seeking in forma pauperis status need not deprive themselves of the small amenities of life they are permitted to acquire in prison. This action was filed by a Pennsylvania prisoner …
Turner Standard Not Applicable To Attorneys by The United States Court of Appeals for the Third Circuit held that an attorney subjected to restrictions on her speech during visits with clients at a federal prison stated claims under the First and Fourteenth Amendments. Cheryl Sturm, a licensed Pennsylvania attorney, was …
Rule 12(b)(6) Dismissal Before Service of In Forma Pauperis Complaint Improper by The Third Circuit Court of Appeals held the dismissal of a complaint pursuant to Fed. R. Civ. P. 12(b)(6) prior to service of process is improper. This action was filed by a Pennsylvania prisoner at a State Correctional …
District Attorney Must Pay $50,001 Damages; Seized Property Illegally Held by The U.S. Third Circuit Court of Appeals affirmed a $50,001 damages award against a Pennsylvania district attorney who illegally retained an arrestee's property. Frederick A. Brilla sued Washington County, Pennsylvania, District Attorney John Pettit under 42 U.S.C. §1983, claiming …
Jail Closed Due To Living Conditions, Failure To Comply by The U.S. District Court for the Western District of Pennsylvania ordered the closing of a county jail due to unconstitutional living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate …
Mentally Ill PA Prisoner Forced to Accept Medical Treatment to Prevent Death by The Commonwealth Court of Pennsylvania held a prisoner may be force fed to prevent him from starving to death. The prisoner, who was being held at the Fairview State Hospital for treatment of borderline personality Disorder, stated …
Dismissal for Failure to Exhaust Remedies Vacated by The U.S. Court of Appeals, Third Circuit, vacated and remanded a district court dismissal, under 42 U.S.C. §1997e(a), of a Pennsylvania state prisoner's 42 U.S.C. §1983 suit. Larry L. Greer sued Pennsylvania prison officials under 42 U.S.C. §1983 claiming violations of his …
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
State Seizes Child Of Sex Offender Father/Drug Abuser Mother by The United States District Court for the Middle District of Pennsylvania dismissed a Federal civil rights complaint filed by Melissa Wolfhawk against Schuylkill County Children and Youth Services for seizure of her newborn child. Wolfhawk claimed that the agency violated …
Pennsylvania Prisoner Allowed Untimely Appeal Of Disciplinary Decision by The Commonwealth Court of Pennsylvania held that a state prisoner should be allowed to file an out of time appeal because he had received no answer regarding the administrative disposition of his appeal of a disciplinary decision. Eric Tulio, a prisoner …
Pennsylvania Criminal Restitution Debt Not Dischargeable in Bankruptcy Action by Gerald Thompson, a land developer, defrauded a customer out of over $20,000. The customer filed criminal charges, and Thompson filed for bankruptcy, listing the $20,000 as a debt to be discharged . The customer didn't object, and the bankruptcy became …
