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$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 …
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, …
Article • May 15, 2007
No Fourteenth Amendment Violation Resulting From Losses During Cell Search by The U.S. Supreme Court held that the Fourteenth Amendment does not protect a prisoner's possessions and that prisoners have no reasonable expectation of privacy" in their cells. A Virginia prisoner filed suit in response to a cell search by …
Article • May 15, 2007
$500 Paid in WA Work release Lost Property Claim by Cynthia M. McGinnis had property stored at the Reynolds Work Release Center, and upon her return the property cage was open as were her property boxes. Stored inside were a new stereo and various clothing and personal items which were …
Article • May 15, 2007
OK Prisoner Has Right To File Civil Complaint To Enforce Property Rights by The Court of Civil Appeals of Oklahoma, Division 3, held that the Ottowa County, District Court, erred when it dismissed a prisoner's complaint citing a statute that suspends a prisoners civil rights. A prisoner serving a life …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
Article • May 15, 2007
Mailing Out Property Protects Property Interest by The court of appeals for the Tenth circuit held that requiring a federal prisoner to mail out property he was not allowed to have in prison did not deprive the prisoner of his property interest in the property. The court noted that prisoners …
Article • May 15, 2007
$60.00 Paid in Destroyed WA Prisoner's Property by Washington State Penitentiary prisoner Vincent L. Fields filed a tort suit in the Walla Walla Superior Court alleging negligence for the destruction or theft of unspecified personal property. Fields was placed in segregation and his property was placed in the property room. …
Article • May 15, 2007
$510.00 Awarded In Prisoner Property Loss Suit by In 2000 the New York, Court of Claims awarded $510.00 to a prisoner at the Wyoming Correctional Facility in New York for theft of his property. On 6/24/97 the prisoner's locker was broken into and his property stolen while he was at …
Article • May 15, 2007
$194.50 Awarded To Prisoner in Loss of Property Suit by Stephen Grant, a prisoner at the Gowanda Correctional Facility (GCF), filed a pro se law suit against GCF, for depriving him of certain privileges and for the loss of his personal property. In September 1996, Grant, was placed in the …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Article • May 15, 2007
OH Prison Guards Liable for Destroying Prisoner's TV by Anthony Mayfield, a state prisoner, exchanged his personal 11-year-old television for one owned by the prison that worked better. Guards destroyed Mayfield's TV without documented authorization. Mayfield filed a negligence claim against the guards in the Court of Claims of Ohio. …
Article • May 15, 2007
Property Destruction and Retaliation Claims Reversed by The First Circuit Court of Appeals held a Rhode Island Prisoner stated claims of retaliation and deprivation of property without due process, but rejected the medical treatment claim. The district court dismissed all claims, for failure to state a claim. The complaint avered …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Article • May 15, 2007
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
Article • May 15, 2007
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often …
Article • May 15, 2007
Tenth Circuit Affirms Summary Dismissal of In-Cell Book Limit by The Court of Appeals for the Tenth Circuit has upheld a Kansas federal district court's summary dismissal of a state prisoner's challenge to a Kansas Department of Corrections (DOC) policy limiting the number of books a prisoner may possess in …
Maryland Prisoner Awarded $750 for Book Confiscation, Wrongful Segregation by A federal district court in Maryland held that Maryland prison guards had violated a prisoner's First and Fourteenth amendment rights when they wrongfully confiscated the prisoner's books, including a litigation manual. The court awarded $50 in damages for the book …
Article • May 15, 2007
Prisoners Have Property Interest in their Money by Prisoners Have Property Interest in Their Money The court of appeals for the Eighth circuit affirmed a district court order directing Nebraska prison officials to return $463.00 found in a prisoner's cell and directing it be placed in the Inmate Welfare Fund …
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