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Article • April 15, 2011
Money May Be Withdrawn From Texas Prisoner's Trust Fund without Prior Notice by On June 5, 2009, the Supreme Court of Texas held that funds may be removed from a state prisoner's trust fund account to satisfy a court order without prior notice to the prisoner. Walter E. Harrell, a …
Prosecutor Not Entitled to Immunity for Statements to Press by On November 17, 2009, the U.S. Court of Appeals for the Eleventh Circuit affirmed in part and reversed in part judgment for a prosecutor, warden, and other prison staff member accused of various constitutional violations. Woodson Hart sued prosecutor Kenneth …
Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Article • April 15, 2011
Search for Records Under Washington PRA Held Inadequate by The Division III Court of Appeals for the State of Washington has reversed a grant of summary judgment for the County of Spokane in a suit under the Washington Public Records Act (PRA). Neighborhood Alliance sent a PRA request to the …
Second Circuit Rejects Due Process Challenge to SORNA Conviction by On December 16, 2009, the U.S. Court of Appeals for the Second Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA) against a due process challenge. Travis Hester was convicted of a sex offense …
Article • April 15, 2011
Sovereign Immunity Waived in Suicide Suit Under Vermont Tort Claims Act by The Vermont Tort Claims Act (VTCA) waives the sovereign immunity of the state of Vermont in suits challenging a prison’s failure to prevent suicide, the Supreme Court held on April 18, 1996. The estate of Rose Ann LaPlant …
Article • April 15, 2011
Stabbed D.C. Prisoner Accepts $3,200 Settlement by The District of Columbia (D.C.) paid $3,200 to settle the negligence suit filed by Vincent Bigelow for injuries suffered from a stabbing by other prisoners. While at D.C.’s Maximum Security Facility in Lorton, Virginia, on March 5, 1999, Bigelow “was brutally attacked by …
Article • April 15, 2011
5th Circuit Upholds Prisoner’s Due Process Rights by On September 18, 2007, the 5th Circuit filed its decision in a civil rights action filed by Louisiana prisoner Richard Mahogany, Jr., against a number of Louisiana prison officials. Mahogany filed his initial complaint pursuant to 42 U.S.C. § 1983 alleging his …
Article • April 15, 2011
6th Circuit: Grievances Enjoy First Amendment Protection by On September 29, 2009, the 6th Circuit vacated a district court ruling dismissing a complaint filed by Michigan prisoner Lynn Pasley. The complaint was filed pursuant to 42 U.S.C. § 1983 alleging constitutional violations against Vera Conerly, a prison employee. Pasley accused …
Article • April 15, 2011
7th Circuit: Reverse and Remand “Inherently Transitory” Complaint by On February 4, 2010, the 7th Circuit reversed and remanded a district court ruling dismissing as moot a case alleging various constitutional and state law violations against Tippecanoe County, Indiana Sheriff Tracy Brown. The initial complaint was filed on January 2, …
Article • April 15, 2011
9th Circuit Affirms Reduction in CJA Attorney Fees by On November 10, 2009, the 9th Circuit filed its decision approving a district judges ruling reducing the requested compensation to be paid to an attorney appointed to provide legal representation for an indigent felon pursuant to the Criminal Justice Act (CJA), …
Article • April 15, 2011
Freedom of Information Act Request Denied by On September 16, 2008, the Kanawha County Circuit Court in West Virginia ordered the disclosure of five of thirteen emails requested by The Associated Press (AP) through a Freedom of Information Act (FOIA) request submitted February 29, 2008 to Mr. Steven Canterberry, Administrative …
Article • April 15, 2011
Homosexual Literature Allowed on Death Row by On March 30, 1999, a Louisiana Magistrate filed his recommendation in a suit filed by death row prisoner George Brooks, Jr., against Louisiana's DOC. The complaint alleged First Amendment violations in regard to five sexually explicit books confiscated from him by the mailroom …
Article • April 15, 2011
Library Purge Deemed Unconstitutional by On October 16, 2000, West Virginia prisoner Roger Cline filed suit against William Fox who was the warden at St. Mary’s Correctional Center, the facility where Cline was housed. The complaint was filed pursuant to 42 U.S.C. § 1983 accusing Fox and his staff of …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011
Texas Prisoner Granted Conditional Mandamus Relief by In a 2-1 split decision filed on November 26, 2008, a Texas appellate court granted in part a prisoner’s petition for writ of mandamus filed after a district Judge refused to file a lawsuit filed by the prisoner, Gordon Simmonds. Citing Chapter 14 …
Article • April 15, 2011
Stabbed D.C. Prisoner Settles Suit for $5,500 by On November 9, 2000, the District of Columbia paid $5,500 to settle a lawsuit filed by prisoner Keith Starr, in which Starr alleged the District was negligent in failing to provide adequate safety at the Maximum Security Facility in Lorton, Virginia. Starr …
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
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