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Article • May 15, 2007
Texas Granted Only Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system unconstitutional. The stayed portions included: (1) requiring single celling of prisoners; (2) …
Article • May 15, 2007
Texas Granted Second Partial Stay In Class-Action Suit by The court of appeals for the Fifth Circuit stayed portions of the injunction granted to prisoners when a federal district court declared the conditions in the Texas prison system (TDC) unconstitutional. This was the second stay request by Texas. The Fifth …
Portion of Ruiz Appeal Vacated by The court of appeals for the Fifth Circuit vacated a portion of its opinion in the Ruiz case on motion for rehearing filed by the prisoners. After the case was briefed and argued, but before the court of appeals issued an opinion, the parties …
Court Appoints Monitor to Oversee Michigan Prison Implementation by Court Appoints Monitor To Oversee Michigan Prison Implementation The District Court, E.D. Michigan, S.D., on remand from the 6th Circuit Court of Appeals, ordered the Michigan Corrections Commission to appoint a Special Administrator to bring the female prisoner educational programs to …
Article • May 15, 2007
Court Of Appeals Overturns Prison Population Cap in DC Case by The United States Court of Appeals for the D.C. Circuit, concluded that the Supreme Court required them to vacate the District Court's order imposing a population limit at Occoquan Facility of the D.C. Lorton Correctional Complex prison generally and …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Article • May 15, 2007
Fifth Circuit Upholds Protection for Plaintiffs in Ruiz Suit by After filing suit against the Texas prison system, prisoner plaintiffs were retaliated against both physically and with disciplinary action. The district court entered two protective orders which were violated by defendants. As part of a third protective order, the district …
Article • May 15, 2007
Prison Officials' Request for Stay Denied by The District Court, E.D. Michigan, S.D., denied a stay of relief to Michigan prison officials in a 20-year old class action suit. The defendants filed for relief under the Prison Litigation Reform Act (PLRA) seeking termination of previous court orders to provided educational …
Article • May 15, 2007
Relief Ordered For Overcrowded D.C. Prison by The United State District Court, District of Columbia, in response to a D.C. Occoquon Prison Facility, of the Lorton Correctional Complex, prisoner's claims that overcrowding and systemically deficient conditions at state medium security institutions constituted cruel and unusual punishment in violation of Eighth …
Article • May 15, 2007
Injunction Issued Against Proposed New Mexico DOC Staffing Reductions by The U.S. District Court for the District of New Mexico held that state prisoners were entitled to an injunction barring a proposed reduction of medical, mental health and security staff as the scope of the proposed reductions may have compromised …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Article • May 15, 2007
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Pulaski County Jail Ordered to Clean Up or Quit by The United States District Court for the Eastern District of Arkansas ordered the Pulaski County Jail to bring jail conditions up to federal constitutional standards or terminate the operation of the facility. The jail detainees sought declaratory judgment and preliminary …
Supreme Court Orders Dismissal of Some Defendants in Pugh by The U. S. Supreme Court ordered the State of Alabama and Alabama Board of Corrections dismissed from the Pugh v. Alabama class-action prison conditions suit on the basis of Eleventh Amendment immunity The Supreme Court ruled that because neither entity …
RI Enjoined from Indiscriminate Strip Searches by A federal district court in Rhode Island entered declaratory relief that held that the Rhode Island Department of Corrections' policy on strip and visual body cavity searches was unconstitutional as applied to pre arraignment detainees where no prior determination of reasonable suspicion has …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
Town Enjoined from Banning Games by The village passed an ordinance that prohibited playing games in public places, including streets, sidewalks, schoolyards, parks, and bodies of water, and cited parents for "parental irresponsibility" when their children disobeyed the ordinance. The village then repealed the ordinance after being preliminarily enjoined. The …
Article • May 15, 2007
State Court Proceedings Limit Federal Injunctive Suits by A challenge to practices in the state foster care system is barred by Younger abstention, given that state courts exercise jurisdiction over persons in foster care on a continuing basis. At 1332: "In suits for prospective injunctive relief, courts have been troubled …
Article • May 15, 2007
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
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