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New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
Louisiana Jail Sanctioned with Contempt, Fines and Attorney Fees by Louisiana Jail Sanctioned With Contempt, Fines and Attorney Fees A federal district court in Louisiana fined the Bienville parish jail, sheriff, police and the state of Louisiana $l2,000 plus $1,000 per day the jail was not in compliance with a …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
Article • May 15, 2007
No Subpoena Required to Record Prison Phone Calls by The court of appeals for the Second circuit held that federal prisoners at the USP in Lewisburg, Pennsylvania, had received adequate notice that their phone calls were monitored and recorded. In this criminal prosecution for prison drug trafficking, the court held …
Article • May 15, 2007
Protective Custody Conditions Suit Remanded by The court of appeals for the Eighth circuit held that a lower court erred when it dismissed as frivolous a lawsuit that Missouri prisoners in Protective Custody (PC) were deprived of religious services, only received 45 minutes of exercise a week, were denied adequate …
Article • May 15, 2007
Jail Detainee Has Right of Court Access by The court of appeals for the Ninth circuit held that a California jail detainee's court access rights were violated when the jail interfered with court ordered local and long distance phone calls, legal materials, subpoena runner and obtaining legal materials and an …
Article • May 15, 2007
Jail Vermin States Claim by The court of appeals for the Eighth circuit, sitting en Banc, held that a Missouri jail prisoner had stated a constitutional claim because he was held in a six foot by six foot cell for 72 hours at a time and allowed only one fifteen …
Article • May 15, 2007
Ad-Seg Phone Limit Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison's administrative segregation policy that permitted ad seg prisoners to call only three on a list, and the list was limited to two family members and one female friend. In doing so, the appeals …
Collect Call Phone System Doesn't Violate Right to Court Access by A federal district court in Tennessee held that no constitutional violation occurred when a Tennessee prison replaced its coin operated phones with a coinless, collect call only phone system. Lawsuit was brought in context of access to counsel and …
Article • May 15, 2007
FBI Can Use Prisoners' Phone Calls for Any Lawful Purpose by Affirming the decision of the U.S. District Court of Maryland, the U.S. Fourth Circuit Court of Appeals held that prisoners of the Bureau of Prisons (BOP) consent to have their telephone calls monitored and taped and that the Federal …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Prisoner Prevailing Party, Awarded Attorney Fees by A mental patient imprisoned at a treatment center run by the Massachusetts DOC brought a § 1983 action alleging constitutional violations relating to, among other things, inadequate telephone privileges, right to unopened privileged mail and right to treatment. A Superior Court issued an …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Article • May 15, 2007
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape …
Article • May 15, 2007
Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation by Bob Williams By Bob Williams On December 1, 2004, the Louisiana Supreme Court held the Caddo Parish Sheriff's (Steve Prator) state court lawsuit against Caddo Parish was decided in error by the State appellate court. Prator alleged in his …
No Absolute Immunity for Illegal Wiretap; Qualified Immunity Standard Issued by The U.S. Supreme Court held that status as a Cabinet Officer is not in itself sufficient to invest that officer with absolute immunity from suit. In 1970, Attorney General John Mitchell authorized a warrantless wiretap of William Davidson's telephone …
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
Jail Segregation Ban on Collect Calls Upheld by One of the plaintiff's claims was exhausted. At 291-92: He doesn't have "proof-positive," but he does have "some proof that his efforts to file grievances . . . were not facilitated by the Jail as required by the policy." Exhaustion is an …
Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
Mentally Ill WI Prisoner Sues over Control Unit Conditions by The plaintiff raised various constitutional claims, discussed below, and moved for class certification. The court denies it because the case is pro se and absent class members are "entitled at least to the assurance of competent representation afforded by licensed …
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