Idaho: Prison Regulation Provided Fair Notice of Prohibited Behavior by The Court of Appeals of Idaho held that a prison regulation prohibiting a prisoner from being in an unauthorized area gave fair notice that the prisoner's conduct was prohibited. Idaho state prisoner Gregory Nelson was charged with violating a prison …
Imprisoned Idaho Prison Guard Settles Jail Suit in Exchange For Surgery by In 2000, Ed Stevens, a former Idaho State Penitentiary guard, was incarcerated in the Ada County jail on child abuse charges. While incarcerated he was attacked by another prisoner and punched in the face. He suffered a torn …
Idaho Shaving Rule Infraction Against Prisoner with Brain Problem Vacated by The plaintiff, who suffers from a neurological disorder causing jerking and shaking, declined to shave because doing so with a razor blade endangered his safety (he had already cut himself trying to do so), and they wouldn't let him …
Innocent Idaho Prisoner Receives $900,000 for 21 Years Wrongful Incarceration by After spending nearly twenty-one years incarcerated for murder, Donald M. Paradis was released from Idaho?s death row on April 10, 2001. Now, just over fiver years later, Paradis is set to receive $900,000 for his wrongful conviction and incarceration. …
ID Jail Strip Searches Illegal by The court of appeals for the Ninth circuit held that the Fourth amendment rights of an Idaho citizen arrested for failing to pay parking tickets were violated when she was strip searched upon entering the local jail. The district court granted summary judgment to …
Idaho DOC/Employer not Liable for Negligently Supervising Probationer by The Idaho Supreme Court held that the state Department of Corrections ("DOC") and the private employer of a probationer were not responsible for the rape and murder committed by the probationer. In 1994, Corey Hood was convicted of statutory rape, sentenced …
Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction by Continuing Violation of Federal Law Not Required for Consent Decree Jurisdiction The defendants, having failed to comply with a consent decree for over 20 years, moved to vacate it on the ground that the district court lacked jurisdiction …
9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a “Prison Condition” by 9th Circuit Holds § 1997e(a) Applies to Private Prisons; Magazine Confiscation Is a "Prison Condition" The Ninth Circuit Court of Appeals upheld the dismissal of an Idaho prisoner's suit for non-exhaustion, concluding that the …
Private Geo Prison in Texas Rocked By Prisoner Abuse, Disturbance and Escape by Matthew Clarke by Matthew T. Clarke Recently, the Newton County Correctional Center (NCCC), a private prison in Newton, Texas run by the Boca Raton, Florida-based Geo Group, has experienced several incidents involving the out-of-state Idaho prisoners housed …
Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. C by Idaho Population Cap Upheld; $155,858.68 in Fees and Cost Awarded; 300+ Prisoners Shipped to Minn. CCA Facility A federal court in Idaho has refused to lift a 1987 population cap on four housing …
Idaho Prisoner States Valid Retaliation Claim Against Parole Commission by Idaho Prisoner States Valid Retaliation Claim Against Parole Commission The Idaho Court of Appeals held that material fact issues regarding a prisoner's claim that he was retaliated against because of his litigious activities precluded summary judgment of his lawsuit against …
Idaho Incompetence Delays Prisoners' Release, Taxpayers Foot The Bill by Michael Rigby Idaho prisoners check in but they don't check outand it's costing taxpayers thousands. That's the criticism being hurled at the Idaho parole commission and the state Department of Corrections (DOC) for unnecessarily holding prisoners past their approved parole …
$112.50 Per Hour Post-Judgment Attorney Fees Upheld Under PLRA by Bob Williams The Court of Appeals for the Ninth Circuit has held that post-judgment attorney fees are compensable under the Prison Litigation Reform Act (PLRA), though subject to the PLRA's rate cap of $112.50 an hour. In 1991, Robert Webb, …
No Administrative Exhaustion in Idaho Child Support Modification by The Idaho Court of Appeals ruled that Idaho prisoners may seek judicial review of Magistrate Court orders setting monthly child support obligations, without first exhausting administrative remedies. Charles Smith was a prisoner at the Idaho State Penitentiary from 1995 until 2001. …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
Ninth Circuit Upholds Sanctions Against Idaho DOC Lawyer; DOC Retaliated for Litigation by by Matthew T. Clarke The Ninth Circuit court of appeals upheld the injunctive relief granted against Idaho Department of Corrections (DOC) officials for retaliating against prisoners who filed grievances or litigation. Sanctions awarded against the defendants' attorney …
Credit for Time Served Required in Idaho Commute to Work Release by The Idaho Court of Appeals has held that a judge does not have discretion to disallow credit for time served when commuting a prison sentence to a work release program. Jason Albertson was sentenced to three years in …
Idaho's Prison Labor Scandal by Silja JA Talvi by Silja J.A. Talvi Over the past decade, Idaho's state prison system has been rocked by a steady stream of scandals ranging from the sexual abuse of prisoners to the violation of prisoners' First Amendment rights. But nothing has shaken the Idaho …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
Work Stoppage at Idaho CCA Prison by Five weeks after it opened, the Idaho Correctional Center (ICC), went on lockdown following a non-violent protest by prisoners there. Corrections Corporation of America operates the $50 million 1,250-bed prison. In early July 2000, CCA began moving Idaho prisoners from its New Mexico …
