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MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury by MI Prisoner's § 1983 Action Dismissed for Claiming Only Emotional Injury Bobbie Adams, a Michigan state prisoner, claimed the Melanic Palace of the Rising Sun as his religion. Melanics were designated as a security threat group in the …
133 Prisoners Killed in Dominican Republic Prison Fire by A fight between rival gangs for control of a Dominican Republic prison resulted in a fire that killed 133 prisoners. Prisoners caused the blaze by setting ablaze their pillows and sheets. Attempts to rescue them were thwarted by a jammed door. …
Attack on White Supremacist Prisoner States Claim by The plaintiff, in a segregation unit, was beaten during his one hour out of cell by another prisoner, and alleged that it must have resulted from an officer's actions, since the cells were supposed to be locked with only one prisoner out …
Connecticut Guards Firing for Motorcycle Gang Membership Denied PI by State correctional officers were issued "formal counseling" for violating the state's policy against engaging in conduct that constitutes or looks like a conflict of interest, engaging in unprofessional or illegal behavior that could reflect negatively on the agency, and acting …
Article • May 15, 2007
Aryan Brotherhood Prison Killing Appeals by The Aryan Brotherhood (AB) is a small criminal organization based mainly in the California and federal prison systems. A series of four cases involving the criminal convictions of various AB members for prison murders, several in the control unit of the federal penitentiary in …
Total Ban on Mail Violates First and Fourteenth Amendments by The 8th Circuit held that a total ban on prisoners' mail without exception and without perusing the contents violated prisoners' First and Fourteenth Amendment rights. Michael Murphy and several other prisoners incarcerated at the Missouri Training Center for Men (MTCM) …
Supreme Court Defines Religious Rights in Prison by The U.S. Supreme Court ruled that two policies instituted by a New Jersey prison did not violate the First Amendment. Muslim prisoners filed a U.S.C. § 1983 suit alleging a violation of their Constitutional right of free exercise of religion. Two policies …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
Administrative Exhaustion Required in Jail Assault Case by The plaintiff sued over an assault by other prisoners. The court dismisses for failure to exhaust, notwithstanding his arguments that he did not receive a copy of the jail handbook and did not know about the grievance procedure; that he told staff …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
MI Court Holds RLUIPA Constitutional by A Michigan Federal Court held the religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000, 42 U.S.C. section 2000cc, is constitutional. Members of the Melanic Islamic Palace of the Rising Sun brought this class action suit after the Michigan Department of Corrections (MDOC) …
Article • May 15, 2007
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Illinois Jail Prisoner Beaten By Gang Members Awarded $775,000 by On July 24, 2003, a federal jury in Chicago, Illinois, awarded $775,000 to a man who was beaten by gang members while imprisoned in the Cook County Jail. Plaintiff Stanley Jones, 57, claimed that on March 7, 1999, CCJ jailers …
Article • May 15, 2007
Housing Rival Gang Members Together May Violate Constitution by The plaintiff was placed in a cell with members of a rival gang and was attacked. He said he told the deputy that he was gang affiliated, but there is no evidence he said which gang he was in or that …
Corruption and Violence Plague South Africa’s Post-Apartheid Prisons by Gary Hunter Corruption and Violence Plague South Africa's Post-Apartheid Prisons by Gary Hunter Corruption plagues South African (SA) prisons at every level as prisoners suffer violence and torture from both prisoners and warders alike. Former high court judge Thabani Jali was …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
Article • January 15, 2007 • from PLN January, 2007
Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown by Michael Rigby Fifth Circuit Reinstates Texas Prisoners' Challenge to Extended Lockdown by Michael Rigby The U.S. Fifth Circuit Court of Appeals reinstated a prisoner lawsuit challenging the Texas Department of Criminal Justice's practice of indefinite segregation without due process. C. …
Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons by Marvin Mentor by Marvin Mentor Los Angeles (L.A.) County jail prisoners have been locked in interracial gang-controlled violence for the past year, and the unrest has spread to other jails and into California state prisons as prisoners …
200 Dead in Brazil Prison Uprisings, Street Violence by Gary Hunter In May 2006, approximately 200 people were killed in Sao Paulo, Brazil as gang members of the Primerio Comando da Capital ? the First Capital Command, known by its Portuguese initials, PCC ? clashed with police in the streets …
Article • December 15, 2006 • from PLN December, 2006
Ninth Circuit: Total Exhaustion-Dismissal Rule Not Required Under PLRA by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoners 42 U.S.C. § 1983 suit against prison officials should not be summarily dismissed under the Prison Litigation Reform Act (PLRA) 42 U.S.C. § …
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