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Article • August 15, 2008
Delaware Public Defender Has No Standing Under State FOIA by The Superior Court of Delaware, New Castle, has held that the office of the Public Defender does not have standing to make requests under the Delaware Freedom of Information Act (FOIA). The Public Defender submitted a FOIA request to the …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS
Discovery of AIDS Doesn't Render Sentence Cruel And Unusual by On February 9, 1990, a New York court held that a prisoner who subsequent to sentencing discovered he had AIDS could not have his sentence set aside as being cruel and unusual. Angel Escobales, a New York state prisoner, pleaded …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
Article • August 15, 2008
Don’t Want Out of Prison? Send Threatening Letters by Two insane prisoners of the South Dakota Penitentiary are facing federal charges for sending threatening letters to a federal judge in Oregon. On June 25, 2007, and July 19, 2007, prisoner Christopher James Austad, 25, mailed threatening communications to federal judge …
Article • August 15, 2008
Mentally Ill Crowd Colorado Prisons by G.A. Bowers Like many states, Colorado has turned from state hospitals to prisons to provide care for the mentally ill. Since the mid-1970s, Colorado's mental hospitals have shriveled from 6,000 to 600 beds. Spending has dropped from 3.9 percent of the state budget in …
Illinois State Prison Guard's Release From DOC For Perjury Regarding Prisoner Beatings Affirmed by Former Illinois Department of Corrections (DOC) guard Frank Moran appealed a court affirmation of his release from employment by the Illinois Civil Service Commission (CSC) for committing grand jury perjury. The judgment was affirmed. Moran lied …
Washington DOC Settles Failure to Supervise Parolee Suit for $975,000 by Nathan Hipsher, a Washington state parolee, was using drugs, failing to participate in drug treatment and not reporting to his parole officer, who didn't have him arrested. He was living with Amber Bulus-Steed at the time, who he eventually …
ADA Upheld by Fifth Circuit by The ADA is a permissible exercise of Congress' authority under the Fourteenth Amendment to override the Eleventh Amendment. Under City of Boerne, the court must assess whether there is "congruence and proportionality" between the injury to be remedied and the means adopted. That standard …
Article • August 15, 2008
Citizenship Not Required for Damages Award by The court erroneously instructed the jury that the plaintiff had to be an American citizen to recover; the court vacates the jury verdict to avoid the "appearance of prejudice." However, the court directs entry of judgment as a matter of law against the …
Article • August 15, 2008
Disabled Kansas Prisoners Forced Labor Claim Dismissed by The plaintiff, who had had heart bypass surgery and was on medical restrictions, was ordered to sand baseboard. He complained and the doctor said it was all right. He did the work, reported chest pains, and was taken to the clinic where …
Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
Article • August 15, 2008
Eleventh Circuit Discusses Contempt Fines for Violation of Consent Decree by A consent decree ordered the state prison system to remove state prisoners from a county jail within 30 days of the state's receipt of the conviction and sentencing transcript. In response to a contempt motion, the state said it …
Article • August 15, 2008
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Article • August 15, 2008
$45,000 Damage Award to Traveler Detained in San Francisco Airport by The plaintiff was awarded $45,000 in compensatory and punitive damages against federal customs inspectors for unlawful detention at an airport on suspicion of drug smuggling. The plaintiff lacks standing to seek injunctive relief since she is not likely to …
Article • August 15, 2008
Washington Guard’s Demotion for Creating Hostile Work Environment Warranted by The Washington State Personnel Appeals Board (PAB) has held that demotion is proper for a prison guard who created a hostile work environment and abused his position when he used sexually offensive language and made jokes and innuendos of a …
Article • August 15, 2008
ID AG States Disclosure Exemptions for Active Investigatory Records by Upon request of the city attorney for Coeur d'Alene, Idaho, the state Attorney General (AG) opined as to whether city police must disclose all documents to the public or media. In his opinion, the AG considered chapter 3 of title …
Article • August 15, 2008
Minnesota Commissioner Says "Mug Shots" Are Public Records by Upon request of the attorney for Dakota County, Minnesota, the Commissioner of the Minnesota Department of Administration IPAD (Commissioner) opined as to whether "mug shots" (jail booking photos) are public records for disclosure purposes. In her opinion, the Commissioner considered Minn. …
Article • August 15, 2008
Washington Prison Employees Show of Favoritism Towards Prisoners Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal of a prison employee who mismanaged the prisons recreation program, showed favoritism to prisoners, and engaged in improper transactions with prisoners, including a cash transaction with the …
Article • August 15, 2008
Filed under: Sentencing, Good Time
BOP Must Grant Juveniles Time Served Credits by The Ninth Circuit Court of Appeals held that the Federal Bureau of Prisons (BOP) erred in refusing to credit a juvenile offender with 35 months of presentence custody. On June 17, 2001, Jonah R., a juvenile, was arrested after shooting at a …
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