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Article • May 15, 2007
Prison's Spending Cap Policy May State First Amendment Claim by The U.S. Tenth Circuit Court of Appeals reversed in part pre- service dismissal of a prisoner's civil rights complaint in which he claimed that a prison policy capping the amount of money prisoners can spend monthly from their accounts violates …
Article • May 15, 2007
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Article • May 15, 2007
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Tennessee: Fine Imposed on Prisoner for Refusing Drug Test Reversed by In this strongly-worded opinion decrying the state attorney general's litigation practices, the Tennessee Court of Appeals held that a prisoner's petition challenging the imposition of a fine for refusing to take a drug test stated a claim. On October …
Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings by Prisoner Stated Excessive Force Claim; Liberal Construction Applied to Pleadings The U.S. Ninth Circuit Court of Appeals held that a prisoner who checked a box marked "Excessive force by an officer" sufficiently stated a claim for relief in a …
Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages by David Reutter Physical Injury Required for All Prisoner Suits Seeking Compensatory and Punitive Damages By David M. Reutter In an unpublished opinion, the Eleventh Circuit Court of Appeals has held the PLRA bars compensatory and punitive damages …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Article • May 15, 2007
$1,000 Paid for WA DOC Property Destruction by James J. Koop was in transit status between Washington prisons, and his property was being stored at McNeil Island Correction Center awaiting his final settlement and receipt of postage costs to mail the property to him. Koop's agent was advised stamps could …
Prisoner's Second Complaint Frivolous, Appeal Not, on Claim Preclusion by Affirming an Illinois federal district court on other grounds, the U.S. Seventh Circuit Court of Appeals held that a prisoner's second complaint under 42 U.S.C. § 1983 against prison officials for violating his Eighth Amendment rights was barred by claim …
Article • May 15, 2007
Transfer Of Prisoners' Property To Sheriff Illegal by The U.S. Court of Appeals for the Eighth Circuit held that a Missouri sheriff could not legally receive property from a prisoner. Missouri prisoners Charles Hazen and Gerald Hazen (father and son, respectively) brought § 1983 action against state Highway Patrol officers …
OH DORC Liable for Property Damage Done by Prisoners by K. Michael Deem Investment Corp., Inc. (Deem Inc.), an Ohio corporation, allowed the state Department of Rehabilitation and Correction (DORC) to operate a pallet-restoration industry on its property. While working there, prisoners damaged a cinder block wall, a dumpster and …
Retaliatory Discipline Claims Dismissed, Conditions Claims Remain by The plaintiff's damage claim alleging that officers planted a key which led to a disciplinary proceeding in which he lost good time is barred by Heck v. Humphrey, as is his claim that the hearing itself was defective. In any case, federal …
Article • May 15, 2007
TN Prisoner's Photos Destroyed; § 1983 Relief May Lie by TN Prisoner's Photos Destroyed; § 1983 Relief May Lie In 1998, Billy Lattimer, a Tennessee state prisoner, sued the state Department of Correction (TDOC) and several prison guards in the Chancery Court for Davidson County after the guards allegedly destroyed …
Article • May 15, 2007
Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action by Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action The plaintiff established a trust pursuant to a plea agreement to shelter his 24-acre Texas farm from forfeiture, with his children as beneficiaries, and now there is a dispute …
Article • May 15, 2007
Fifth Circuit Vacates Summary Judgment in Sheriff's Property Liability Case by The U.S. Fifth Circuit Court of Appeals vacated and remanded a grant of summary judgment to a county and its surety company in a case involving a deputy sheriff's theft of property. Gerald and Tonya Henley were arrested and …
Article • May 15, 2007
Loss of Prisoner's Dentures and Heart Medication Valid Claims by The court of appeals for the Seventh circuit has held that a guard's intentional loss of a prisoner's dentures and heart medication is actionable under 42 U.S.C. § 1983 as two separate claims for deliberate indifference to serious medical needs …
Article • May 15, 2007
Illinois Prisoner Has No Liberty Interest in Personal Property by The Appellate Court of Illinois, Fourth District, held that the Sangamon County, Circuit Court, did not error when it dismissed a prisoner's complaint, for denying his due process rights by taking or limiting his personal property in prison. A prisoner …
Wisconsin Prisoner Must Exhaust Administrative Remedies Before Filing Suit by The Supreme Court of Wisconsin held that under the Prison Litigation Reform Act(PLRA), a prisoner must exhaust administrative remedies before bringing an action in a circuit court. A prisoner confined at the Columbia Correctional Institution in Portage County, Wisconsin, brought …
Article • May 15, 2007
New Jersey Statute Barring Prisoner Lawsuits Struck Down by The U.S. District Court for the District of New Jersey held that a New Jersey statute (N.J.S.A. 59:5-3) barring initiation of any court action, "by or on behalf of a prisoner against a public entity or public employee until such a …
Article • May 15, 2007
Removal of Property to Separate Legal and Non-Legal Materials Approved by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court for the Southern District of Iowa, held that removal of a prisoner's property to separate legal from non-legal materials and to then search the non-legal materials outside …
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