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Court Has No Discretion To Postpone Automatic Stay Under PLRA by The United States District Court for the Southern District of New York held that it had no discretion under the Prison Litigation Reform Act (PLRA) to postpone the automatic stay of the provisions of a previous consent decree. Orange …
Supreme Court Addresses Mail, Good-Time, Legal Aid, Disciplinary Issues by The U.S. Supreme Court held that restoration of good-time was unavailable under § 1983; some constitutional rights are retained in prison disciplinary proceedings; minimal due process is required if loss of good-time is a possibility; disciplinary due process procedures ordered …
Article • May 15, 2007
Criminal Contempt Requires Criminal Procedure Rights by The U.S. Supreme Court held that imposing a criminal contempt fine without benefit of a jury trial is unconstitutional. The International Union and the United Mine Workers of America (petitioners) were enjoined from collectively conducting unlawful strike related activities against the Clinchfield Coal …
Article • May 15, 2007
Oklahoma Attorney General's Opinion Overrides Prison Officials; Court's Jurisdiction to Continue Until Assurance Violation Will Cease by The Tenth Circuit Court of Appeals held that when there is conflicting opinions between the Oklahoma Attorney General and Department of Corrections, the opinion of the Attorney General prevails; further, a district court …
Case Remanded for Expungement of Seg Record and Damages Hearing by The Seventh Circuit court of appeals ruled that an Illinois federal prisoner was entitled to relief in the form of expungement of the record of his confinement to segregation where federal prison officials had been ordered to give the …
Article • May 15, 2007
Court Orders Minimum Jail Staffing at Harris County (TX) Jail by A federal district court in Texas ordered that Harris County (Texas) Jail official defendants not be held in contempt even thought they were unable to maintain a court-ordered minimum staff-to-prisoner ratio. The court stated that it had no choice …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Kansas Federal Court Issues Preliminary Injunction on In-Cell Book Cap by By Matthew T. Clarke A federal district court in Kansas has issued a preliminary injunction requiring state prison officials to retain and give a prisoner access to religious books in excess of the 15-book maximum allow in a cell. …
Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations by Injunction and Contempt Sanction Issued Against Disciplinary Proceedings Due Process Violations In the review of a district court's enforcement of an injunction governing disciplinary proceedings at New York's Bedford Hills Correctional Facility (BHCF) for women, the Second Circuit …
Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
Article • May 15, 2007
Nashville Jail Crowding Injunction Terminated by A judgment limiting jail overcrowding is terminated based on uncontested testimony from Don Stoughton that conditions meet Eighth Amendment standards. (Yes, the expert opined on the ultimate issue.) The court goes on to say that nobody asked that the prohibition on putting prisoners in …
Article • May 15, 2007
Federal Injunctions Against State Agencies Must be Narrow by At 1092: "Due to concerns of comity and federalism, the scope of federal injunctive relief against an agency of state government must always be narrowly tailored to enforce federal constitutional and statutory law only." (Citation omitted) Anything more is an abuse …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
Michigan Statute Denying Appointed Counsel to Indigent Criminals Enjoined by A challenge by indigent criminal defendants under § 1983 to state court judges' practice of denying appellate counsel based on plea-based convictions, and to the statute that codified the practice, was barred by Younger abstention. Each plaintiff had ongoing state …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
Article • May 15, 2007
Class-wide Injunctions Rarely Appropriate in Individual Suits by At 273: "While district courts are not categorically prohibited from granting injunctive relief benefitting an entire class in an individual suit, such broad relief is rarely justified because injunctive relief should be no more burdensome to the defendant than necessary to provide …
State Law Claim Review Standard in Federal Action by The court of appeals for the Fifth circuit held that federal law governs the ultimate issue of constitutional law in this Texas jail case, but state law provisions governing daily jail operations were a state law matter and federal courts do …
Article • May 15, 2007
Ten Years in Segregation Unconstitutional by The court of appeals for the First circuit affirmed a Rhode Island district court injunction ordering a prisoner's release from segregation after ten years. The lower court ruling is published at: 549 F. Supp. 291. The injunction required prisoner's integration from segregation to general …
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