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Article • November 15, 2009 • from PLN November, 2009
Texas Supreme Court: Prisoner May Appeal Despite Incomplete Indigence Affidavit by Matthew Clarke by Matt Clarke On May 16, 2008, the Supreme Court of Texas held that an indigent prisoner whose indigence was uncontested may proceed with an appeal despite deficiencies in his affidavit of indigence. Lawrence Higgins, a Texas …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
$5.9 Million Settlement in Philadelphia Jail Strip Search Class Action by Philadelphia's prison system has agreed to pay $5.9 million to settle the claims of class members in a class action lawsuit alleging their rights were violated as the result of a strip search policy. The settlement does not include …
Article • November 15, 2009 • from PLN November, 2009
Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable by Brandon Sample In March 2008, U.S. District Judge Joan B. Gottschal held that persons seeking executive clemency in Illinois have a protected liberty interest in having their petitions decided within a reasonable time by the governor. However, that ruling …
Article • November 15, 2009 • from PLN November, 2009
Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause by Indiana’s “residency restriction statute,” which prohibits sex offenders from living within 1,000 feet of a school, youth center or public park, violates the ex post facto clause of the state constitution as applied to sex offenders convicted before the …
Article • November 15, 2009 • from PLN November, 2009
Wisconsin Courts Sealing Cases by David Reutter by David M. Reutter A basic principle of the American court system is that the public has a right to know what happens in the nation’s courtrooms. In Wisconsin, however, that principle has been compromised to protect certain parties in court proceedings, including …
Article • November 15, 2009 • from PLN November, 2009
Former Mississippi DOC Chief Medical Officer Charged with Embezzlement by Dr. Kentrell Liddell, 35, was arrested on May 21, 2009 and charged with 13 counts of embezzlement. She was taken into custody at her current job at the Madison County Medical Center in Canton, Mississippi, and booked into the Hinds …
Article • October 15, 2009
Filed under: Medical, HIV/AIDS
Confidential Settlement for Denial of HIV Drugs to Florida Jail Prisoners by An undisclosed settlement has been reached in a lawsuit by two former prisoners at Florida’s Broward County Jail. The lawsuit alleged that the Sheriff’s Office and Armor Correctional Health Services showed “callous indifference” to the medical needs of …
Significant Injury Showing Not Required to Defeat Qualified Immunity in Excessive Force Case by The U.S. Court of Appeals for the Fifth Circuit rejected a claim for qualified immunity by a Texas prison guard who used excessive force against a prisoner. Texas state prisoner Marcus Brown alleged that in 1998 …
Article • October 15, 2009
Administrative Remedies Exhausted When DOC Fails to Respond by The U.S. Court of Appeals for the Tenth Circuit has determined that a prisoner’s administrative remedies are exhausted when prison officials fail to respond within the time frame set forth in the grievance regulations. Colorado state prisoner Michael Whitington filed a …
Article • October 15, 2009
Attorney Fees Measured by Degree of Success Need Not be Tethered to Damage Award by The California Court of Appeal held in a Los Angeles County Jail overdetention and jail-rape civil rights case that when a $25,000 damage award for the overdetention claim survived appeal, but the $1 million award …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
Article • October 15, 2009
Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% by Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% Where a state prisoner sued the California Department of Corrections and Rehabilitation (CDCR) in pro per under 42 U.S.C. …
Article • October 15, 2009
Texas Supreme Court: Mailbox Rule Applies to Notice of Appeal by On June 29, 2007, the Supreme Court of Texas held that the “mailbox rule” for incarcerated litigants applies to a civil notice of appeal. Armando Ramos, a Texas state prisoner, filed a medical malpractice suit in state court. The …
Article • October 15, 2009
Fifth Circuit: PLRA Exhaustion Requirement an Affirmative Defense by On July 5, 2007, the Fifth Circuit Court of Appeals held that failure to meet the PLRA’s exhaustion requirement is an affirmative defense and prisoners are not required to plead exhaustion in their complaints, nor can a district court of its …
Article • October 15, 2009
Connecticut Prisoners’ FOIA Indigence Determination Cannot Include Cost of Incarceration by Connecticut’s Freedom of Information Commission (Commission) has declared void a Connecticut Department of Corrections (CDOC) policy that denied fee waivers to indigent prisoners who file Freedom of Information (FOI) requests. The Commission ordered the CDOC to use the same …
Article • October 15, 2009
Failure to Provide Services for Deaf Pre-Trial Detainee States ADA Claim by The Tenth Circuit Court of Appeals reversed a grant of summary judgment against a former pre-trial detainee who alleged Americans with Disabilities Act (ADA) violations for failing to provide him with services or accommodation for his deafness. The …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Compensation for Wrongful Texas Conviction Not Barred by Prior Suit, Not Assignable by On June 8, 2007, the Texas Supreme Court held that compensation for wrongful imprisonment under Chapter 103, Texas Civil Practice and Remedies Code (CP&RC), was not barred by a previous lawsuit and settlement. However, such compensation was …
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