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Prison Disciplinary Board Members Not Entitled to Absolute Immunity by The U.S. Court of Appeals for the Seventh Circuit held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit; that the amount of compensatory damage award did not warrant interference …
Unidentified Prisoner Informant's Testimony Not Substantial Evidence by The New York Supreme Court, Appellate Division, Fourth Department, ordered a prisoner's disciplinary record expunged because the hearing officer's finding of guilt was not supported by substantial evidence. Kenneth Gaston, a New York state prisoner, was charged with organizing a food strike …
Article • May 15, 2007
Florida Felon Disenfranchisement Found Constitutional by The United States District Court for the Southern District of Florida has ruled that a 135-year old state law that bans ex-felons from voting is not unconstitutional. Thomas Johnson, a former prisoner from New York now residing in Florida, filed a class action lawsuit …
Norris-LaGuardia Act Trumps State Common Law by The United States Supreme Court held that only when the level of proof in §6 of the Norris-LaGuardia Act is reached can damages for interference be awarded. Paul Gibs filed a federal action against a labor union, The United Mine Workers of America …
Article • May 15, 2007
First Circuit Holds Higher Standard for Prison Riot Claims by The U.S. First Circuit Court of Appeals, affirming the U.S. District Court for the District of Puerto Rico, upheld dismissal of a former prisoner's complaint against Puerto Rican prison officials arising from an injury the prisoner received when guards tried …
Oregon Protesters Awarded $845,000 in Excessive Force Actions by The City of Portland, Oregon has paid $300,000 in damages and $545,000 in attorney's fees to twelve protesters who brought excessive force actions against the Portland Police Bureau. On August 22, 2002, President Bush visited Portland. As a Republican fundraiser was …
Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement by Incentive Awards Disallowed, County Intervention Denied in Prison Riot Settlement The U.S. Sixth Circuit Court of Appeals disallowed named plaintiffs from receiving so-called "incentive awards" for their roles in the litigation and settlement of a suit against Ohio prison …
$3,500 Paid for Injuries Sustained in WA Prison Riot by Reginald Halsell, a McNeil Island prisoner, filed suit in Washington's Pierce County Superior Court alleging negligent supervision on September 5, 1995, that resulted in riot that caused death to one prisoner and unspecified serious injuries to Halsell. On September 7, …
Article • May 15, 2007
Ban on Public Speaking While Masked Held Unconstitutional by The U.S. District Court for the Southern District of New York granted declaratory relief and a permanent injunction on behalf of the American Knights of the Ku Klux Klan against the New York Police Department (NYPD) and the City of New …
Article • May 15, 2007
Criminal Contempt Requires Criminal Procedure Rights by The U.S. Supreme Court held that imposing a criminal contempt fine without benefit of a jury trial is unconstitutional. The International Union and the United Mine Workers of America (petitioners) were enjoined from collectively conducting unlawful strike related activities against the Clinchfield Coal …
Article • May 15, 2007
W.VA Prisoner Forced to Receive Medical Treatment to Prevent Death, But Have Right to Refuse Treatment When Death is Inevitable by W.VA Prisoner Forced to Receive Medical Treatment to Prevent Death, But Have Right to Refuse Treatment When Death is Inevitable The West Virginia Supreme Court of Appeals held that …
Article • May 15, 2007
Supreme Court Issues Use Of Force Standard In Riot Cases by The U.S. Supreme Court held that the shooting of an Oregon prisoner by prison officials during a security action did not violate his Fight Amendment rights. The prisoner filed suit under 42 U.S.C. Section 1983 alleging that he was …
Article • May 15, 2007
Filed under: Organizing, Protests
Anti-Picketing Ordinance Unconstitutional; Anti-Noise Ordinance Not Vague or Overbroad by The United States Supreme Court held an Illinois Anti-Picketing law was unconstitutional, but an Anti-Noise law was not. A group of protesters were picketing outside the West Senior High School in Rockford; they were carrying signs that summarized their grievances: …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed a special assessment levied by the trial court. …
Article • May 15, 2007
Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed by Protesters' Sentences, Probation Conditions, Upheld; Special Assessments Reversed The U.S. Third Circuit Court of Appeals in a consolidated review of five cases, upheld the sentences and conditions of probation for five persons convicted of disobeying a park ranger's order, but reversed …
Article • May 15, 2007
Filed under: Organizing, Protests
Misdemeanor Conviction for Protesting on Jail Property Constitutional by The United States Supreme Court has held that a conviction for trespass on jail property does not violate demonstrators' constitutional rights to free speech and assembly. Harriett Louise Adderley and 31 students of the Florida A & M University in Tallahassee, …
Article • May 15, 2007
Filed under: Organizing, Voting
Paying Taxes Not Entitlement to Vote by In an unpublished opinion, the Ninth Circuit Court of Appeals has affirmed the dismissal of a 42 U.S.C. §1983 action filed by a California State prisoner as frivolous. The suit sought the Registrar of Voters to permit registration to vote or return of …
Article • May 15, 2007
Filed under: Prison Labor, Organizing
Prisoners Union Cannot Hold Meetings at a State Prison by The California Supreme Court held that pursuant to California Penal Code §2600 (CPC), prisoner's union meetings held inside the prison with "outside" members and representatives present a security risk. Thus, Prison Official's refusal to allow such meetings is justified. The …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
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