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“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Article • August 15, 2008
Washington Prisoner Gets $1,750 for Damages to Car by Tony Heiman, a Spokane County, Washington prisoner, was the subject of a warrant for misdemeanor assault. But since a cop gave the court the wrong address for Heiman, he wasn't served with the warrant. He was later arrested in Seattle and …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Article • August 15, 2008
Second Circuit Discusses 26 Year History of Arrestee Property Right Violations by The plaintiff complained that he was deprived of his automobile and jewelry without due process because they were not returned to him after his arrest and he was not informed of the procedure to get them back. The …
Article • August 15, 2008
No Liberty Interest in New Jersey Work Release by The plaintiff was charged with drinking when he returned to a work release facility; he was found not guilty at a disciplinary hearing. (Some officers said he acted and smelled drunk, others did not, and the doctor said he did not …
Article • August 15, 2008
Sovereign Immunity Bars FTCA Property Claims; S.Ct. Vacates Second Circuit Ruling by The Second Circuit Court of Appeals joined four other circuits in reversing a lower court’s dismissal of a Federal Tort Claims Act (FTCA) negligent property loss claim. A federal prisoner, identified only as ABC, was transferred to a …
Documents Withholding by Texas Guards Fails to State Claim; Suit Dismissed as Frivolous by Texas prisoner Keith Thomas appealed a 2003 state court dismissal of his suit for being frivolous. He claimed that guards at the Barry Telford Unit (BTU) in New Boston, Texas withheld documents regarding a lawsuit he …
Article • August 15, 2008 • from PLN August, 2008
Washington Inter-Prison Property-Shipping-Fee Class Action Suit Settles For $1,262,500 by John Dannenberg by John E. Dannenberg Between 1995 and 2005, Washington State Department of Corrections (WADOC) policy 440.000 required prisoners who were being transferred between WADOC prisons to pre-pay the shipping costs of their personal property in excess of two …
Kansas DOC Restrictions on Thelema Religion Upheld by The plaintiff complained of restrictions on his religious practice as a follower of the First Hermetic Order of Thelema, a religion founded in 1904 by Aleister Crowley. Prison officials recognized the religion and arranged for a visit from Thelemic clergy from the …
Article • August 15, 2008
Texas Attorney To Repay $200,000 He Stole From Imprisoned Father by Ex Texas federal prisoner John Kennedy (plaintiff) brought suit against his son Michael for theft, conversion, and fraud after stealing his money and turning the plaintiff in to the Internal Revenue Service (IRS). His son was ordered to repay …
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in …
Article • July 15, 2008
Seventh Circuit Reverses FTCA Dismissal; BOP Still Liable for Lost Property by The Seventh Circuit Court of Appeals reaffirmed an earlier holding that the government is not immune from suit for lost property. During a February 2000 “shake down,” federal prisoner David Dahler had a pair of shoes and four …
Article • June 15, 2008
Federal Courts Can't Dismiss Prisoners' Civil Rights Actions Simply Because They're Inartfully Pleaded by Walter Gordon, a South Carolina state prisoner, sued prison officials in federal district court under 42 U.S.C. § 1983 after he was assaulted and raped by other prisoners. Stephen Young, a Maryland state prisoner, filed his …
Article • June 15, 2008
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
Article • May 15, 2008
IN DOC Ban on Typewriters Upheld by Prisoners do not have a right to possess typewriters and word processors; the right of court access is satisfied by providing basic materials, such as pens and paper, for the preparation of legal materials. The fact that prisoners were permitted to possess these …
Article • May 15, 2008
Puerto Rican Prisoner’s Property Suit Dismissed by Puerto Rican Prisoner?s Property Suit Dismissed The plaintiff sued over lost property He had failed to file an appeal of the adverse ruling on his grievance within the five-day time limit The court buys all the holdings construing "prison conditions" expansively, and does …
Federal Prison Staff Are Law Enforcement Official For Purposes Of FTCA Claims by Daniel E. Manville by Dan Manville Federal prisoners are no longer able to sue pursuant to the Federal Tort Claims Act (FTCA) for property that was negligently lost or destroyed by federal prison staff. In Ali v. …
Article • January 15, 2008 • from PLN January, 2008
Texas Prisoners May Have Right to Extra Storage Space for Religious Materials by Matthew Clarke by Matthew T. Clarke A Texas court of appeals held that state prisoners may have a right to extra storage space for religious materials. Jeffery Balawajder, a Texas state prisoner, brought suit in state court …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Article • December 15, 2007
Heck Applies to Suits Over Seized Property by Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale …
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