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Article • May 15, 2007
Prison Doctors Denied Summary Judgment on Deliberate Indifference Claim by The U.S. District Court for the District of Hawaii denied summary judgment to five prison doctors at the Maui Community Correctional Center (MCCC) and the Halawa Correctional Facility (HCF) in Hawaii in a claim of deliberate indifference to a serious …
Sixth Circuit Finds No Deliberate Indifference in Prison Employee's Death by The U.S. Sixth Circuit Court of Appeals affirmed a district court's grant of summary judgment to officials of the Michigan Department of Corrections (MDOC) and the Huron Valley Men's Facility (HVMF) in a case alleging that a prison employee's …
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 …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Prisons Have Affirmative Duty to Protect Prisoners from Rape by Prisons Have Affirmative Duty to Protect Prisoners From Rape The court of appeals for the Fourth circuit affirmed a Maryland district court's injunction at 449 F. Supp. 473 (D MD 1978) requiring a prison to protect prisoners from sexual predators …
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 …
Sexual Predator Statute Cannot Be Challenged in Habeas Corpus Proceeding by The U.S. Sixth Circuit Court of Appeals held that an Ohio prisoner could not use habeas corpus, 28 U.S.C. § 2254, to challenge the constitutionality of Ohio's sexual predator law, Ohio Revised Code (O.R.C.) § 2950.01, et. seq. Oliver …
Article • May 15, 2007
"Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time by "Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time Joining all other circuit courts of appeals that have ruled on the question, the U.S. Second Circuit Court of Appeals ruled that the "imminent danger" exception to the "three …
Article • May 15, 2007
Dismissed Retaliation Claim Reversed by The U.S. Sixth Circuit Court of Appeals reversed and remanded an Ohio U.S. District Court decision dismissing claims against prison officials accused of retaliating against prison guards for exercising their First Amendment rights. Carlos Goad and Robert Wuchich sued officials of Ohio's Mansfield Correctional Institution …
Sixth Circuit Orders Reconsideration of Attorney Fees Claim in Drug Testing Case by The U.S. Sixth Circuit Court of Appeals held that use of the enzyme multiplied immunoassay technique (EMIT) urine test for detecting prisoners' consumption of illegal drugs did not violate due process and did not violate terms of …
Article • May 15, 2007
Prison Strip Search Policy Reasonable, Tasers Okay by The U.S. Ninth Circuit Court of Appeals ruled that a maximum security prison's strip search policy was reasonable and, in a case of first impression, held that tasers, also known as "stun guns," could be used by prison guards to enforce compliance …
Denial of Disciplinary Nearing Witnesses Illegal; $250 Damages Awarded by The court of appeals for the Eighth circuit held that it violates due process for prison disciplinary hearing officers to refuse to call witnesses for the hearing. District court ruled in Iowa prisoner's favor and awarded $250 in damages where …
Qualified Immunity Defense Waived in Jail Suit by The court of appeals for the Fifth circuit held that Louisiana jail conditions were unconstitutional due to overcrowding, a lack of programs and no outdoor exercise for the prisoners. After a trial finding the defendants liable, the district court, sua sponte, raised …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
Texas Attorney-Client Interference Damage and Fee Award Upheld by The court of appeals for the Fifth circuit upheld a damage award of $10, 231 plus unspecified attorney fees, when a Texas prison deliberately interfered with the right of prisoners and counsel to meet concerning prison conditions and post conviction relief …
Disciplinary Hearing Requires Fact Finding by The court of appeals for the Seventh circuit upheld the dismissal of an Illinois state prisoner's lawsuit over searches of his cell for refusing to pay a guard's extortion demand and that the guard planted false evidence in his cell as a result. The …
Article • May 15, 2007
FL Good Time Change Violates Ex Post Facto by The court of appeals for the Eleventh circuit affirmed a district court ruling granting habeas relief to Florida prisoners. After petitioners were convicted, the Florida legislature changed the good time scheme, to their detriment, and DOC applied the change retroactively to …
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