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Article • May 15, 2007
Texas Jailhouse Lawyer Prohibition Unconstitutional by The United States Court of Appeals for the Fifth District held that a single judge could determine whether or not the Texas DOC's rules and practices prohibiting prisoners from giving or receiving legal assistance from one another, "in habeas corpus and other general civil …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Michigan Use of Food Loaf Violates Prisoners' Due Process Rights by The U.S. District Court, W.D. Michigan, Southern Division, held that the use of "food loaf" as punishment even when prisoners' misconduct charges were dismissed, violated their right to due process. The United States brought action against the State of …
Article • May 15, 2007
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
Virgin Island Prison Officials Held in Contempt for Failing to Comply with Conditions of Confinement Orders by The US District Court (D. Virgin Islands) held that Virgin Island Bureau of Corrections (BOC) officials were in contempt of court for not making all reasonable efforts to comply with the court's earlier …
Article • May 15, 2007
Administrative Hearing on Forced Medication Requires Due Process by A federal district court in South Dakota has ordered the Bureau of Prisons (BOP) to conduct again an administrative hearing on whether a prisoner should be forcibly medicated and instructed BOP to guarantee due process to the prisoner in the hearing. …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
Article • May 15, 2007
Filed under: State Statutes, Zoning
City Can Limit Vermont State Prison Population by The Vermont Supreme Court unanimously ruled that a city may limit the number of prisoners held in a state prison located within that city's limits. In 1992, the Vermont Department of Corrections (VDOC) applied to the City of South Burlington for a …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
Article • May 15, 2007
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Article • May 15, 2007
Delay in Providing Surgery to Florida Prisoner States a Claim by A prisoner survived defendants' motion for summary judgment after the court found a genuine issue of material fact might exist as to whether a delay in treatment demonstrated deliberate indifference to a serious medical need. Seven prisoners from the …
New York Prisoner Has Right to Witnesses at Disciplinary Hearing by The U.S. Court of Appeals for the Second Circuit held that prisoners have the right to due process at disciplinary hearings. A prisoner at the Fishkill Corrections Center in New York filed a civil suit claiming that his right …
Article • May 15, 2007
California Supreme Court Holds Prisoners' Legal Mail Confidential by The Supreme Court of California held that a rule used by the California Department of Corrections (DOC) that allowed prison officials to read attorney-prisoner incoming mail was inconsistent with statutory privilege for that type of correspondence. Also, the court held that …
Article • May 15, 2007
Oregon Prisoner Has Right to Medication by Oregon Prisoner Has Right To Medication The United States District Court in Oregon denied a motion for summary judgment in a suit filed by a prisoner who claimed that he was denied medication for a mental disorder. Glen S. Page, a prisoner at …
Article • May 15, 2007
Florida Son of Sam Law Upheld by The Florida District Court of Appeals for the First District, affirmed the Bradford County Circuit Court's decision to impose a lien against Danny Rolling, a convicted serial murderer, and his former wife (London), for proceeds of a book, art work, and autographs related …
Article • May 15, 2007
No Temporary Injunction Before Conviction Under Florida Son of Sam Statute by The First District Court of Appeals of Florida held that the Bradford County Circuit Court erred in temporarily enjoining the payment of proceeds earned from the reenactment of a crime, even though there had not yet been a …
Article • May 15, 2007
Filed under: Crime/Demographics, Census
Pennsylvania Prisoners Counted as Residents of States in Which Prison Is Located by Pennsylvania Prisoners Counted as Residents of States in Which Prison is Located The U.S. Court of Appeals for the Third Circuit held that the U.S. District Court for the Western District of Pennsylvania did not err when …
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