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Article • May 15, 2007
$194.50 Awarded To Prisoner in Loss of Property Suit by Stephen Grant, a prisoner at the Gowanda Correctional Facility (GCF), filed a pro se law suit against GCF, for depriving him of certain privileges and for the loss of his personal property. In September 1996, Grant, was placed in the …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Article • May 15, 2007
OH Prison Guards Liable for Destroying Prisoner's TV by Anthony Mayfield, a state prisoner, exchanged his personal 11-year-old television for one owned by the prison that worked better. Guards destroyed Mayfield's TV without documented authorization. Mayfield filed a negligence claim against the guards in the Court of Claims of Ohio. …
Article • May 15, 2007
Property Destruction and Retaliation Claims Reversed by The First Circuit Court of Appeals held a Rhode Island Prisoner stated claims of retaliation and deprivation of property without due process, but rejected the medical treatment claim. The district court dismissed all claims, for failure to state a claim. The complaint avered …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Article • May 15, 2007
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
Suit over Door Injury Medical Co-Pay Dismissed by The plaintiff alleged that he was injured when a metal door closed on him and that he waited 90 minutes for medical attention. The claim about the door is dismissed as constituting only negligence. The medical care claim is dismissed for lack …
Article • May 15, 2007
No Federal Claim Where Wife Took Prisoner's Social Security Funds by The plaintiff alleged that the defendant, his daughter, who had his power of attorney, took his social security disability benefits while he was in prison. However, the court lacks jurisdiction over the claim, since the plaintiff cited no statutory …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Article • May 15, 2007
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often …
Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …
Article • May 15, 2007
IFRP Exempt from Privacy Act by The Inmate Financial Responsibility Program allows prisoners privileges such as working in UNICOR (prison industries) if they commit to a schedule for paying their court fees, restitution orders, etc. The plaintiff was put in "refuse" status essentially for spending his money down so he …
Article • May 15, 2007
Virginia Jail Fees Upheld by The failure to transfer the plaintiff promptly to a prison from a local jail did not violate his rights, since an inmate has no constitutional right to be held in any particular prison. (805) Virginia's prison transfer regulations convey no liberty interest in a specific …
Article • May 15, 2007
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
Article • May 15, 2007
Tenth Circuit Affirms Summary Dismissal of In-Cell Book Limit by The Court of Appeals for the Tenth Circuit has upheld a Kansas federal district court's summary dismissal of a state prisoner's challenge to a Kansas Department of Corrections (DOC) policy limiting the number of books a prisoner may possess in …
Article • May 15, 2007
Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs by Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs The United States Court of Appeals for the Federal Circuit has held that periodic deductions from a federal prisoner's military retirement pay constituted continuing claims, …
Article • May 15, 2007
No Medical Co-Pay for Indigent Illinois Prisoners by The Illinois Appellate Court reversed a lower court's denial of injunctive relief on a pro se prisoner's claim that indigent prisoners are improperly being charged $2.00 medical co-payments. Illinois statutes and rules authorize the Illinois Department of Corrections (IDOC) to deduct a …
Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
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