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United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies by United States District Court Rules Alabama Department of Corrections Violates Prisoners' Fourteenth Amendment Rights with Its Segregation Policies Alabama state prisoner Robert McCray filed a §1983 suit against state prison officials …
FL Ad-Seg Rules May Create Liberty Interest by The court of appeals for the Fifth Circuit held that regulations at the Florida State Prison in Starke may create a due process liberty interest. The regulations at issue provided for the placement of a prisoner on Close Management (CM) confinement. The …
Article • May 15, 2007
Sixth Amendment Not Violated by The U.S. Supreme Court has held that the Sixth Amendment right to counsel is not violated by placing prisoners in administrative segregation (ad seg) without counsel. In separate incidents, prisoners in the Federal Correctional Institution at Lompoc, California, were placed in ad seg for suspicion …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process by Qualified Immunity Denied In Pretrial Detainee's 3-Year Segregation Without Due Process A Federal District Court in Illinois has found a pretrial detainee's rights were violated when he was placed in segregation for nearly three years without a hearing …
Article • May 15, 2007
Habeas Corpus Appropriately Challenges 'Fact Or Duration' Of Confinement by The United States District Court for the Middle District of Pennsylvania held that habeas corpus was not the proper forum for challenging the frequency of segregation review hearings or the limitation of telephone privileges. John Sinde, a federal prisoner at …
1,300 Days in Segregation Atypical Under Sandin by A federal district court in New York declined to grant a state prisoner's motion for a Temporary Restraining Order/Preliminary Injunction seeking release from segregation. The plaintiff had been sentenced to consecutive segregation' sentences totaling 4i years for misconduct. He alleged violations of …
Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate by Punishment Over Correspondence Violates First and Fourteenth Amendment, Damages Appropriate The U.S. Court of Appeals for the Third Circuit held that prison officials had violated a prisoner's First Amendment rights by disciplining him for writing a letter of complaint …
Punishment for Religious Fasting States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Iowa prisoner's free exercise claim that he had been placed in segregation for religious fasting. The court held that pre service dismissal was erroneous because …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
State Law Creates Liberty Interest by The Supreme Court found that a state law gave a Pennsylvania prisoner a liberty interest in remaining in general population which could not be taken without due process. They ruled, however, that the limited actions taken by prison authorities constituted due process. After being …
Court Approves Continued Pennsylvania Prisoner's Segregation Beyond 21 Years by The Third Circuit Court of Appeals has held that despite 21 years in solitary confinement, Pennsylvania prisoner Daniel Delker has received all the process he is due and prison officials may continue to confine him. Delker has been kept in …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
Al-Qaida Member Lacks Standing to Challenge Special Administrative Measures by The plaintiff, an al-Qaida member convicted of the terrorist bombing of the American embassy in Kenya, challenged the regulations that authorize surveillance of attorney-client contact. Since no such measures are in effect for him, and since the regulations require notice …
Article • May 15, 2007
MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdic by MI Detainees' Five Days in Seg Without Privileges Doesn't Violate Due Process Clause; Damages Verdict Vacated Willie Thomas and three other prisoners had been released from the Michigan prison system based on a ruling …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
Boxcar Cells Unconstitutional by The court of appeals for the Eighth circuit held that Missouri prisoners were given adequate due process before being placed in administrative Segregation because hearings were provided. Double celling in ad seg was permissible if sanitation was not an issue. Court held that under the "totality …
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