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Disciplinary Charges Immaterial to Criminal Trial for Same Incident by The criminal defendant was placed in administrative segregation after he was discovered to have ingested 25 balloons of marijuana. Five months later, he was indicted. He alleged that he was not given a copy of his incident report or adequate …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional by Fed Prisoner's Five Years in Segregation During Murder Investigation Not Unconstitutional Mark Jordan, a federal prisoner, was housed in a segregation unit for five years while his involvement in a prison murder was investigated. Prison officials testified that …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Article • May 15, 2007
$680 in Damages Awarded for Ad-Seg Placement by A federal district court in Delaware awarded a prisoner $680 in damages after the plaintiff was placed in administrative segregation for six days without due process. The plaintiff, a Delaware prisoner, was placed in ad seg after a prison riot. He was …
Paraplegic States Claim over Ad-Seg Conditions by Paraplegic States Claim Over Ad-Seg Conditions The court of appeals for the Fifth circuit affirmed in part, reversed and remanded in part, numerous claims made by a paraplegic Texas state prisoner in administrative segregation. Prior panel rulings in this case are reported at …
Article • May 15, 2007
BOP Ad-Seg Conditions on Political Prisoner Limited by Rita Brown was a member of the George Jackson Brigade (GJB), a Marxist urban guerrilla group that was active in the Pacific Northwest in the late 1970's and early 1098's. The group carried out bombings and bank robberies. Brown was imprisoned in …
Due Process Required for Disciplinary Segregation by A federal district court in Nevada granted partial summary judgment to a Nevada state prisoner holding that the plaintiff's right to due process was violated when he was placed in disciplinary segregation from administrative segregation without notice of the charges or a hearing …
Jail Newspaper Ban Unconstitutional by The court of appeals for the Fifth circuit held that a jail ban on newspapers violates the First amendment. The appeals court reversed the trial court verdict in favor of Adams County, Mississippi, jail prisoners on the issues of laundry services, outdoor and indoor exercise …
Article • May 15, 2007
Charges Alone Don't Justify Ad-Seg for Detainees by A federal district court in New York held that there was no reason to keep mafia boss John Gotti in ad seg pending trial solely because he was accused of witness tampering and murder. Court ordered the defendants released into the jail's …
Article • May 15, 2007
Due Process for Control Unit Placement by The court of appeals for the Seventh circuit held that confinement in the Marion control unit, in and of itself, did not violate the Eighth amendment. The court affirmed most of a district court injunction ordering the BOP to improve various conditions as …
Prison Conditions Injunction Must View Totality of Conditions by The court of appeals for the Sixth circuit held that cruel and unusual prison conditions existed in a Michigan prison when inadequate showers, exercise, religious services and due process for ad seg placement existed. The court emphasized that "what is the …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Prisoner Cannot Be Punished for Engaging in Permitted Conduct by The U.S. Eighth Circuit Court of Appeals reversed and remanded a district court jury verdict in favor of a prison warden who punished a prisoner for engaging in conduct not prohibited by prison rules. Larry Coffman, a prisoner at Missouri …
Sixth Circuit Reverses Dismissal of Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeals partly vacated a U.S. District Court's dismissal of a state prisoner's retaliation claims against the Michigan Department of Corrections (MDOC). MDOC prisoner Rick Manning sued various MDOC and State Police officials under 42 U.S.C. §§1983, …
Seventh Circuit Reverses Summary Judgment in Prisoner's Retaliation Claim by The U.S. Seventh Circuit Court of Appeals has reversed the U.S. District Court for the Northern District of Indiana, in the case of a prisoner alleging retaliation by prison officials. This is the second reversal of the district court in …
Placing Pre-Trial Detainees in Segregation Requires Due Process by The U.S. Seventh Circuit Court of Appeals, reversing in part the decision of a district court in Indiana, held that a pre-trial detainee cannot be placed in segregation without due process, except for management purposes. James Higgs, a pre-trial detainee in …
Article • May 15, 2007
Ad-Seg for Eleven Months Without Review States Due Process Claim by The Eleventh U.S. Circuit Court of Appeals reversing a Florida U.S. District Court,, held that a prisoner held in Administrative Segregation (Ad-Seg) for eleven months without any review of his close management (CM) status, stated a claim for relief. …
Abstention Doctrine Discussed by The Sixth Circuit Court of Appeals held that a federal court may not abstain from jurisdiction over a case because resolution of a federal question may result in the overturning of a state policy. This action brought by the next of kin of four young people …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
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