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Prisoners Have No Liberty Interest in Prison Housing Assignment

Article • May 15, 2007

Filed under: Classification, Transfers, Liberty Interests

Prisoners Have No Liberty Interest in Prison Housing Assignment by Prisoners Have No Liberty Interest In Prison Housing Assignment The U.S. Supreme Court held that prisoners do not have a liberty interest in their prison housing assignments. A Massachusetts prisoner brought an action in federal district court alleging deprivation of …

IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim

Article • May 15, 2007

Filed under: Transfers, Work, Prison Labor, Inability to Work, Cancer, Frivolous Litigation

IFP Complaint Not Dismissible Sua Sponte for Failure to State a Claim by The U.S. Supreme Court upheld a Seventh Circuit Court of Appeals decision that a complaint filed in forma pauperis is not automatically rendered frivolous because it fails to state a claim. Litigation by an Indiana prisoner alleged …

Sending State Must Provide Transferred Prisoner Legal Assistance

Article • May 15, 2007

Filed under: Transfers, Court Access, Prisoner Legal Assistance, Legal Materials

Sending State Must Provide Transferred Prisoner Legal Assistance by The First Circuit Court of Appeals held that prisoners transferred from the State of Maine to a Leavenworth, Kansas prison are entitled to receive legal assistance from Maine. After being transferred from Maine State Prison to a federal prison in Leavenworth …

Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail

Article • May 15, 2007

Filed under: Classification, Transfers, Liberty Interests

Pretrial Detainees, Unsentenced Prisoners Entitled To Stay At Local Jail by The U.S. Third Circuit Court of Appeals held that pretrial detainees have a liberty interest in remaining at a local jail, but convicted prisoners have no right to stay at a given prison. In May 1973, the warden and …

Private Prison State Actor for Liability Purposes

Article • May 15, 2007

Filed under: Classification, Transfers, Contractor Liability

Private Prison State Actor for Liability Purposes by In an unpublished ruling, the court of appeals for the Tenth circuit upheld dismissal of a New Mexico prisoner's claim that he was unlawfully transferred from a state prison to one run by a private, for profit company. Judge McKay concurred with …

Prisoner's Transfer Enjoined Until Hearing to Determine Motivation

Article • May 15, 2007

Filed under: Transfers, Retaliatory Transfers, Retaliation for Organizing, Civil Procedure, Preliminary Injunctions/TRO's

Prisoner's Transfer Enjoined Until Hearing to Determine Motivation by A federal district court issued a temporary injunction enjoining Connecticut state prison officials from transferring a prisoner, who was a reporter and columnist for a local newspaper. Prison officials contended the prisoner was not safe in administrative confinement or population from …

$34,000 Paid in Texas Prisoners' Retaliation Claim

Article • May 15, 2007

Filed under: Transfers, Retaliation, Retaliation for Litigating, Retaliatory Transfers, Failure to Protect (Wrongful Death), Religious Practices

$34,000 Paid in Texas Prisoners' Retaliation Claim by This case involved six Texas prisoners at the Wallace Park unit. After they filed a lawsuit to practice their Jewish religion, guards began retaliating against them. The retaliation came in the form of job changes, cell reassignments, transfers, and disciplinary action for …

Prisoner Legal Advisor's Transfer Upheld

Article • May 15, 2007

Filed under: Classification, Transfers, Retaliation for Filing Grievances, Paralegals

Prisoner Legal Advisor's Transfer Upheld by The plaintiff, an inmate legal advisor, alleged that he was reclassified and transferred in retaliation for filing grievances. At 1037: In this case, the Warden terminated Smith from his position as inmate legal advisor and transferred him to another prison because of his aggressive …

Anderson-Bey et al v. District of Columbia, DC, Opinion, 8th Am bus conditions, 2008

Brief • December 11, 2006

Filed under: Out of State Transfers, Transfers, Eighth Amendment, Transportation, Restraints

Anderson-Bey et al v. District of Columbia, DC, Opinion, 8th Am bus conditions, 2008 Case 1:00-cv-02000-RCL Document 112 Filed 12/11/2006 Page 1 of 22 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA KENNETH ANDERSON-BEY, et aL, ) ) Plaintiffs, ) ) v. ) DISTRICT OF COLUMBIA, et al. Civil …

Sample v. BOP, DC, Complaint, FOIA phones ITS transfers and commissary, 2008

Brief • November 15, 2006

Filed under: Transfers, Commissary

Sample v. BOP, DC, Complaint, FOIA phones ITS transfers and commissary, 2008 Case 1:06-cv-00715-PLF Document 22 Filed 11/15/2006 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE DISTRICT OF COLUMBIA BRANDON C. SAMPLE, § and § BERNARD SHAW, § v. § FEDERAL BUREAU OF …

BOP Transfers Unescorted Prisoners On Civilian Buses, Some Escape

Article • July 15, 2006 • from PLN July, 2006

Filed under: Transfers, Furloughs, Crime/Demographics, Escapes, Transportation

BOP Transfers Unescorted Prisoners On Civilian Buses, Some Escape by Matthew Clarke by Matthew T. Clarke In a little-known program, the federal Bureau of Prisons (BOP) has been allowing unescorted prisoners to transfer between prisons using Greyhound and other civilian buses. Not surprisingly, some never show up at their destination. …

Hurricane Threat Forces Texas Prison Evacuations, Damage Worsens Overcrowding

Article • July 15, 2006 • from PLN July, 2006

Filed under: Transfers, Conditions of Confinement, Overcrowding, Shelter

Hurricane Threat Forces Texas Prison Evacuations, Damage Worsens Overcrowding by Michael Rigby As Rita churned westward through the Gulf of Mexico, at times a monstrous Category 5 hurricane with wind speeds of 175 mph, officials with the Texas Department of Criminal Justice (TDCJ) ordered the evacuation of entire prisons in …

Ohio DOC Stipulates To Vastly Improved Medical Care

Article • July 15, 2006 • from PLN July, 2006

Filed under: Transfers, Medical, Systemic Medical Neglect, Dental Care, Medical Expenses, Hepatitis, Food, Staffing, Settlements, Standing, Consent Decrees

Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …

Arizona Jail Prisoners Not Pretty in Pink

Article • July 15, 2006 • from PLN July, 2006

Filed under: Classification, Transfers, Clothing, International Law

Arizona Jail Prisoners Not Pretty in Pink by Gary Hunter Paraded in pink boxers, pink flip-flops and pink handcuffs more than 2,600 Arizona prisoners walked four blocks to new jail facilities in downtown Phoenix. Most moved from the Madison Street Jail, which closed for remodeling, to either the Towers Jail, …

Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation

Article • June 15, 2006 • from PLN June, 2006

Filed under: Transfers, Bedding, Legal Materials, Civil Procedure, Settlements

Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …

Washington DOC Must Ship Prisoners' Property For Free

Article • February 15, 2006 • from PLN February, 2006

Filed under: Transfers, Complaints, Money/Property, Prisoner Property

Washington DOC Must Ship Prisoners' Property For Free by The Washington State Supreme Court (Supreme Court) has re-instated a lawsuit challenging Department of Corrections (DOC) Policy 440.000 (Policy). The Policy requires prisoners who are transferred to another prison to pay shipping costs for their property. Lonnie Burton, Gordon Lebar, James …

Punitive Transfer After Winning Administrative Appeal Is Actionable

Article • December 15, 2004 • from PLN December, 2004

Filed under: Transfers, Retaliation for Filing Grievances, Liberty Interests, Sanctions (Disciplinary Hearings), Physical Injury Rule, Civil Procedure, Complaints, Parties, Qualified Immunity

Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …

International Red Cross Suspects U.S. Hiding Foreign Detainees

Article • December 15, 2004 • from PLN December, 2004

Filed under: Classification, Transfers, DOC/BOP misconduct, Military Prisons

International Red Cross Suspects U.S. Hiding Foreign Detainees by The International Red Cross (IRC) said on July 13, 2004, that it suspects the United States is hiding foreign detainees in prisons throughout the world. According to Antonella Notari, spokeswoman for the International Committee of the Red Cross, terror suspects that …

Connecticut Settles Wrongful Death Lawsuit for $2.9 Million

Article • November 15, 2004 • from PLN November, 2004

Filed under: Transfers, Medication, Excessive Force, Guard Brutality/Beatings, Restraints, Mental Health, Failure to Treat (Mental Illness)

Connecticut Settles Wrongful Death Lawsuit for $2.9 Million by Michael Rigby Connecticut Settles Wrongful Death Lawsuit For $2.9 Million by Michael Rigby On April 4, 2002, the State of Connecticut agreed to settle for $2.9 million a lawsuit arising from the wrongful death of Timothy Perry, a mentally ill man …

Federal Halfway House Litigation

Article • September 15, 2004 • from PLN September, 2004

Filed under: Work Release, Transfers, Sentencing

Federal Halfway House Litigation by Todd Bussert by Todd Bussert, Esq.* In Decemberr 2002, a shock wave reverberated through the federal prison system, when the Bureau of Prisons (BOP) announced radical changes in its policy on when it will allow prisoners to serve some or all of their sentences in …