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Littles v. CCA, TN, Complaint, transport dental injury, 2007 CCA-AF (6/2/14 PRA) 0071 CCA-AF (6/2/14 PRA) 0072
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Article • May 15, 2007
Limited Law Library Time, Postage, Not Denial of Access by The U.S. Court of Appeals for the Tenth Circuit held that an Oklahoma prisoner's constitutional rights were not violated by the cancellation of a bland diet, transfer to maximum custody, limited amount of time in law library or prison's indigent …
Article • May 15, 2007
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court …
Article • May 15, 2007
Involuntarily Transferring Prisoner to HIV Dormitory Violates Right to Privacy by A New York federal district court held that prison officials cannot involuntarily transfer a prisoner who had tested positive for Human Immunodeficiency Virus (HIV) to a separate dormitory. This class action suit was filed by a New York prisoner …
Article • May 15, 2007
Monetary Sanctions Against DOC Commissioner Violates Alabama Constitution by The Alabama Supreme Court held that a trial court's imposition of monetary contempt sanctions against the Commissioner of the Alabama Department of Corrections (DOC), in his official capacity, violated Section 14 of the Alabama Constitution. In the early 1990s the Alabama …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Article • May 15, 2007
Lay Advocate Case Affirmed in Part by In an unpublished opinion, the Seventh Circuit court of appeals affirmed in part, reversed in part, and remanded an Indiana case requiring that prisoners in segregation be given a lay advocate during disciplinary transfer hearings. There are numerous other opinions in this case …
Article • May 15, 2007
Prisoner Entitled to Lay Advocate in Disciplinary Transfer by The Seventh Circuit court of appeals held that certain minimal due process, requirements are attached to disciplinary transfers of prisoners from the Indiana State Prison. The court held that a prisoner who was the subject of a disciplinary transfer hearing was …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Retaliatory Harassment and Transfer of Law Clerk Nets $2,100 Award by A federal district court in Tennessee, after a bench trial, held that the Warden at Tennessee State Prison (TSP) violated a prisoner's right to access to the courts for taking retaliatory action against the prisoner. After the prisoner helped …
Article • May 15, 2007
Filed under: Classification, Transfers
Security Threat Must be Shown to Transfer NY Prisoner Elected as Representative by The New York Supreme Court has held that under section 139 of the Correction Law a prisoner elected to be a prisoner representative on the Inmate Grievance Resolution Committee (IGRC) had a right to not being transferred …
Article • May 15, 2007
Filed under: Classification, Transfers
State Prisoner Transfer To Federal Prison Constitutional by The U.S. Supreme Court held that the transfer of a Vermont prisoner to a federal prison for security reasons was constitutional. Vermont, having no maximum security prison, opted to transfer a prisoner convicted of violent crimes to a federal prison under 18 …
Fed BOP Can Declare State Prison a Place of Fed Incarceration by Hassan Abdul-Malik was in New York state custody in 1993 when he was transferred to federal custody, convicted of postal robbery, and sentenced to thirty years in federal prison. He was then returned to state custody where he …
Article • May 15, 2007
Court Denies Defendant Transfer to Jail Closer to Counsel by The federal criminal defendant complained that she was held in a jail in Cedar Rapids, which imposed excessive travel on her attorneys, rather than in Des Moines. She also complained that the jail conditions amounted to punishment. Assuming that the …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Prisoner Organizers Transferred for Safety from Staff by The court of appeals for the Fifth circuit affirmed a district court injunction ordering two prisoner activists transferred to another prison for protection from prison staff. The plaintiffs were accused of inciting the burning of prison buildings and that their lives would …
Article • May 15, 2007
Habeas Prevents Transfer for Medical Reasons by A New York detainee filed a habeas petition under § 2294 to prevent his transfer to California to face federal charges after being arrested in New York on a California warrant. At the extradition hearing he suffered heart failure. The district court dismissed …
Article • May 15, 2007
BOP Must Follow its own Rules by BOP Must Follow its Own Rules The court of appeals for the Eighth circuit held that a Missouri BOP prisoner was entitled to expect the BOP to follow its own policies. Federal prisoners can seek relief from such failures where constitutional rights are …
Jail to Prison Transfer Orders Subject to PLRA Provisions by The Fifth Circuit court of appeals has held that injunctions which order the state to transfer prison-ready prisoners from a county jail to the state prison system and to refuse to accept parole violators at the jail to avoid overcrowding …
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