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Article • May 15, 2007
No Writ Of Mandamus When Other Remedies Exist by The U.S. Supreme Court held that parties seeking issuance of writ of mandamus must show that there is no other way to gain the desired relief. California prisoners filed a class action suit alleging constitutional violations in the way sentence lengths …
7th Circuit Upholds Illinois Prisoner's Segregation, Denial of Outside Exercise by The U.S. Seventh Circuit Court of Appeals held in this case that a prisoner's 70 days in segregation, and the denial of outdoor exercise while there, was not unconstitutional. While imprisoned at the Stateville Correctional Center in Illinois, plaintiff …
New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing by New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing The New York Supreme Court, Appellate Division, held that a prisoner is entitled to have established a witness' reasons for refusing …
$4.1 Million Settlement Approved in Deadly Ohio Riot Litigation by An Ohio Federal District Court approved a settlement agreement and awarded attorney fees and costs from a common fund in litigation in the third- deadliest prison riot in recent United States history, during which nine prisoners and one guard were …
$450 Paid in NY Keeplock Case by $450 Paid in NY Keeplock Case. Ignacio Rosado, a prisoner at Sing Sing Correctional Facility, was placed in keeplock status, which is confinement to a cell 23 hours a day, for 7 days in October 1999. After a guard advised no misbehavior report …
Article • May 15, 2007
Filed under: Medical, Podiatry
$500 Paid in NY Prisoner Medical Negligence Claim. by Willie Sykes, a Sing Sing Correctional Facility prisoner at the time of trial, complained of pain in his heels at Downstate Correctional Facility, and staff advised him to see a podiatrist when he got to the next facility. Ten days later …
$600 Awarded in MO Detainee's Illegal Segregation Claim by A Missouri Federal District Court, in a bench trial, held officials at the Medium Security Institution of the City of St. Louis violated a pre-trial detainee's due process rights by their custom of not distinguishing between pre-trial detainees and convicted prisoners. …
Article • May 15, 2007
$1000 Paid in WA Loss of Legal Material Case by Prisoner Matthew James Griffin filed a 42 U.S.C §1983 action in the Eastern Washington federal district court alleging that he was transported to the intensive management unit of the Walla Walla prison hospital. When his property was brought to him, …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
Article • May 15, 2007
Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment by Calling of Disciplinary Hearing Witnesses Contingent on Possible Punishment, Not Actual Punishment The Fourth Circuit Court of Appeals held that a prisoner is entitled to call witnesses at a disciplinary hearing when facing loss of good time …
Colorado DOC Contractor Communications Privileged by The Colorado Supreme Court has ruled that communications between the Department of Corrections (CDOC) attorney and an independent contractor are protected by attorney-client privilege. The CDOC sought relief under C.A.R. Rule 21 (original jurisdiction writ) from a district court order to disclose documents and …
Article • May 15, 2007
Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations by Enlisted Military Personnel Cannot Sue Superior Officers for Constitutional Violations The United States Supreme Court has held that enlisted military personnel may not maintain a Bivens suit to recover damages from a superior officer for alleged constitutional violations. The …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Discretionary Exception Bars Federal Tort Claim For Cellmate Attack by A federal prisoner filed a Federal Tort Claims Act complaint alleging the Government was negligent in failing to prevent his cellmate from attacking him. The U.S. Court of Appeals for the Seventh Circuit affirmed an Illinois district court's judgment under …
Article • May 15, 2007
Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials by Dismissal of Grooming Rule Challenge Precluded; Evidentiary Burden on Prison Officials The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court's dismissal of prisoners' actions challenging a prison grooming policy. Arizona prisoners who …
Article • May 15, 2007
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Article • May 15, 2007
Georgia Jury Awards $15,000 for Illegal Strip Search by Marilyn Snyder was pulled over in Georgia's Habersham County for suspected driving while under the influence. After she failed a roadside breath test, she was taken to the county jail where she was strip- searched. Thereafter, Snyder was given an Intoxilizer …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Article • May 15, 2007
Filed under: Media
Libel-Proof Doctrine Applied to Kansas Prisoner's Libel Suit by A Kansas Federal District Court applied the "libel proof" doctrine to dismiss a Kansas prisoner's suit for libel against a newspaper reporter. The prisoner's suit sought damages for misstatement of facts pertaining to his convictions for murder and two counts of …
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