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Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Eighth Circuit Allows Termination of Minnesota Prison Health Care Consent Decree by On November 21, 2008, the Eighth Circuit Court of Appeals affirmed a federal district court's order terminating the Hines Consent Decree covering prison medical care in the Minnesota Department of Corrections (DOC). In 1973, Howard Lansing Hines and …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Article • June 15, 2009
Fourth Circuit Vacates Dismissal of Challenge to Virginia's Gift Publication Ban by On June 27, 2008, the Fourth Circuit Court of Appeals vacated a district court's dismissal of a prisoner's challenge to the ban on gift publications in a Virginia prison. Robb M. Harksen, a Virginia prisoner, filed a pro …
Indeterminate Commitment Order Reversed on Appeal by On March 15, 2007, a California superior court erroneously granted a motion requesting the involuntary commitment of David Litmon, Jr. for an indeterminate length of time. The State filed the motion under the terms of Proposition 83, which went into effect in 2006 …
Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit by Ninth Circuit: Former Gang Member Entitled to Jury Trial in § 1983 Jail Guard Retaliation Suit The Ninth Circuit U.S. Court of Appeals ruled that a prisoner’s lawsuit against the Los Angeles County …
Ninth Circuit Reverses §1915 Dismissal of Retaliation Claim by The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a prisoner’s retaliation claim for failure to state a claim under 28 USC sec. 1915(e). Nevada prisoner Russell Cohen sued prison officials in federal court, alleging that they “retaliated …
Prison Guard wins $18,000 in Discrimination Suit Against DOC by An African-American prison guard at Wisconsin's Jackson Correctional Facility filed suit against the DOC and two prison officials under Title VII of the Civil Rights Act of 1964. The plaintiff, Sergeant Davis, had recently been demoted after a hearing regarding …
$1.25 Million Awarded to Cop for Sex Discrimination, Retaliation by On April 22, 2008, the Second Appellate District of the California Court of Appeal upheld a $1.25 million judgment for a City of Whittier police officer on retaliation and sex discrimination claims. Gina Zanone sued the City of Whittier for …
$1.8 Million Award After Illinois Federal Prisoner's Suicide; Award Reversed On Appeal by Illinois State resident Karen Johnson brought a federal tort and 42 U.S.C. sec. 1983 action against the United States in 1996 after her husband Robert committed suicide in a federal prison. The court awarded her $1.8 million. …
Colorado Federal Prisoner's Pastoral Visit Denial Settles For $10,370 by Colorado federal prisoner and Buddhist, Yu Kikumura, brought a Bivens and federal tort action against officials at the United States Penitentiary (USP) at Florence after being denied visits by non Buddhist ministers. The action was settled for $10,370 and the …
Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 by Sixth Circuit Upholds Partial Denial of Qualified Immunity for MI Jail Guards’ Failure to Protect Sex Offender; Case Settles for $190,000 The U.S. Court of Appeals for the …
§1915 "Three Strikes" Rule Precluding In Forma Pauperis Filing Not Unconstitutional by New York State pro se prisoner Wilfredo Polanco petitioned for leave to proceed in form pauperis (IFP) and for appointment of counsel to appeal the denial of IFP status in a lawsuit against the state's Department of Correctional …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Failure to State Claim Dismissal Reviewed De Novo by The plaintiff's claim that he was denied due process by lack of notice is rejected; exactly why is not stated. Violation of prison rules concerning disciplinary hearings does not deny due process. The record showed some evidence to support the charge. …
Article • August 15, 2008
PLRA Filing Fees Assessed on Dismissed Appeals by Dismissal of an appeal for untimely filing of a notice of appeal does not release the prisoner from the obligation to pay the appellate filing fee in full. There is no authority for waiver or reduction of the fee. At 596: "The …
Article • August 15, 2008
Appeal Bond Requirement Upheld by The plaintiff brought a copyright case and was required to post a $3500 bond to appeal the adverse decision. There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be …
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