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Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
$275,000 Awarded in Stun Belt Settlement by The Ninth Circuit Court of Appeals partially reversed a preliminary injunction order that had enjoined the Los Angeles County Sheriff from using a stun belt on prisoners. After remand, a settlement for $275,000 and a change in policy was reached. Ronnie Hawkins, a …
Article • November 15, 2002 • from PLN November, 2002
Prison Disciplinary Boards Not "Courts" for Habeas Corpus Purposes by Prison Disciplinary Boards not "Courts" for Habeas Corpus Purposes The Seventh Circuit Court of Appeals has held conclusively that prison disciplinary boards lacking a true judicial review process are not "courts" within the meaning of 28 U.S.C. §2254(d), as amended …
Intangible Religious Freedom Claims Not Barred by PLRA by John E Dannenberg Intangible Religious Freedom Claims Not Barred By PLRA by John E. Dannenberg The U.S. District Court (District of Massachusetts) held that the Prison Litigation Reform Act's (PLRA) proscription of claims for emotional damages, in the absence of physical …
Article • March 15, 2002 • from PLN March, 2002
Third Circuit Holds PLRA Bars Claims for Compensatory Damages by Third Circuit Holds PLRA Bars Claims For Compensatory Damages by Matthew T. Clarke The Third Circuit Court of Appeals has held that although the Prison Litigation Reform Act (PLRA) barred a prisoner from recovering compensatory damages for violations of his …
Ohio Death Row Prisoners Sue Over Last Words by An Ohio federal district court refused to dismiss a challenge to an Ohio policy prohibiting condemned prisoners from giving last statements. The Court also discussed the PLRA's administrative exhaustion requirements and mootness concerns. Ohio Death Row prisoner Fred Treesh and another …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
Article • October 15, 2000 • from PLN October, 2000
Wisconsin Ban on Crosses Struck Down by The court of appeals for the Seventh Circuit held that a Wisconsin prison rule banning crosses unless it was attached to a rosary violated the First amendment rights of Protestants. This is the latest installment in a long running lawsuit over the Wisconsin …
Article • May 15, 2000 • from PLN May, 2000
Transfer Moots Wiccan's Claim by The court of appeals for the Eighth circuit held that a prisoner's transfer to a different prison mooted his religious rights lawsuit. Duane Smith is an Iowa state prisoner of the Wiccan faith. He filed suit seeking declaratory and injunctive relief to the effect that …
Article • May 15, 2000 • from PLN May, 2000
Claim For Prospective Relief Moot Upon Release by Ronald Young The court of appeals for the Tenth circuit held that when a prisoner's claim for perspective injunctive relief regarding conditions of confinement becomes moot, the prisoner's parole or supervised release status does not, absent some exceptional showing, bring that claim …
Article • July 15, 1999 • from PLN July, 1999
Missouri Ends Ad Seg Ban on Publications by On October 22, 1998, the Potosi Correctional Center (PCC) in Missouri ended its ban on publications sent to prisoners in administrative segregation (ad seg). PCC houses a control unit where prisoners are kept in ad seg for lengthy periods of time. The …
Article • December 15, 1998 • from PLN December, 1998
Deportation Moots Federal Habeas Appeal by The Court of Appeals for the Seventh Circuit has ruled that deportation, during the appeal from the denial of a petition for a writ of habeas corpus by a state prisoner, moots the appeal. Fabio Diaz, a citizen of the Dominican Republic, was an …
Article • March 15, 1998 • from PLN March, 1998
Class Action Certification Clarified by The court of appeals for the ninth circuit held that a district court erred when it dismissed as moot a jail detainee's lawsuit challenging conditions on a jail chain gang, before ruling on the plaintiff's motion for class certification. Timothy Wade filed a lawsuit seeking …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …
Qualified Immunity for Strip Search by In the July, 1994, issue of PLN we reported Canedy v. Boardman, 16 F.3d 183 (7th Cir. 1993) which reversed dismissal of a Muslim prisoner's suit claiming violation of his religious rights when guards of both sexes could see him naked. On remand the …
Habeas Petition Not Mooted by Segregation Release by The court of appeals for the seventh circuit held that when a prisoner challenges a disciplinary hearing via federal habeas corpus collateral consequences will be presumed by the court. Martin Bryan is an Indiana state prisoner. He was infracted for allegedly reaching …
Sandin Inapplicable to Detainee Disciplinary Claims by The court of appeals for the ninth circuit held that a jail policy prohibiting detainees from calling live witnesses to testify at disciplinary hearings, under any circumstances, was unconstitutional. The court held that prison and jail rules confer no legal rights to prisoners …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Article • February 15, 1996 • from PLN February, 1996
Filed under: Court Access, Mootness
Court Access in Massachusetts DDU Challenged by Afederal district court in Massachusetts expressed severe reservations about the court access afforded to prisoners confined in that state's control unit, or Departmental Disciplinary Unit (DDU). Manuel Ferreira was placed in the DDU after being infracted for allegedly leading a group demonstration. He …
RFRA Case Set for Trial by A federal district court in Pennsylvania held that a factual dispute existed as to whether a jail's policy banning detainees from wearing religious headgear substantially burdened the exercise of religion under the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b). In its ruling, …
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