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Prisoner Attacker Can't Be Sued Under § 1983, Guard Can by Prisoner Attacker Can't Be Sued Under § 1983, Guard Can A prisoner who assaulted the plaintiff did not act under color of state law and the plaintiff's § 1983 claim was therefore frivolous. The plaintiff's claim that she told …
Article • May 15, 2007
Plaintiffs May Opt Out of Esmor Brutality Class Action by In litigation against the operator of a notorious private immigration facility (one certified class action and two individual actions which appear to have multiple plaintiffs), the class members were so difficult to locate that the court questions whether the case …
Article • May 15, 2007
Kansas Court Access Claim Dismissed for Lack of Injury by The plaintiff alleged various deprivations of court access and sought a temporary restraining order to prevent his transfer. The latter request (and all his other injunctive claims) were mooted when he was transferred. The court doesn't address whether he could …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
District Court Erred in Dismissing Suit for Indigent Prisoner's Failure to Pay Filing Fees by The district court should not have dismissed for failure to pay the $6.62 initial filing fee. He didn't pay because he didn't have the money, and had had no money since two months before the …
Article • May 15, 2007
Supreme Court Held Car Towing Hearing Delay Okay by The plaintiff's car was towed; he paid a fine to get it back; he asked for a hearing, which was held 27 days after the vehicle was towed. The Ninth Circuit agreed that the failure to hold a hearing within five …
Article • May 15, 2007
Third Circuit Embraces Administrative Exhaustion Procedural Default by The defendants argued that the plaintiff had failed to exhaust because he did not ask for money damages in the administrative process and because he did not name a particular defendant in his grievance. In this windy opinion, the court embraces a …
Wyoming Federal Court Defers Termination Of Consent Decree, Allows Discovery by by Michael Rigby In this case involving a motion by Carbon County officials to terminate a 1987 consent decree regarding prisoner medical care, the U.S. District Court for the District of Wyoming twice granted plaintiffs' discovery motions: once to …
$90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating by $90,000 Awarded to Massachusetts Prisoner for Inadequate Medical Care After Beating A Massachusetts prisoner, Robert M. Layne, escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. …
Police Denied Qualified Immunity for Fabricated Evidence by The Fourth Circuit court of Appeals affirmed a lower court's denial of summary judgment to a Virginia State Police agent who fabricated evidence in a capital case. Rebecca Williams was raped and murdered on June 4, 1982. Before she died, Williams stated …
Iowa Sex Offender Residency Restrictions Are Constitutional by The Eighth Circuit Court of Appeals held that Iowa's sex offender residency restrictions are n to unconstitutional, reversing a lower court ruling that we previously reported. [PLN, December 2004, p. 28]. On July 1, 2002, the Iowa Legislature enacted Iowa Code Section …
§ 1983 Seeking Post Trial DNA Evidence Not Heck Barred by The Ninth Circuit joined the Eleventh circuit in holding that a § 1983 action seeking post-conviction access to DNA evidence is not barred by Heck v. Humphrey, 512 US 477 (1994). In 1994, William Osborne was convicted of kidnapping …
Article • May 15, 2007
PLRA's Exhaustion Requirement Contains Procedural Default Component by The Eleventh Circuit Court of Appeals has held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement contains a procedural default component. Before the Court was an interlocutory appeal of a Georgia district court's denial of prison officials' motion to dismiss the …
Article • May 15, 2007
Michigan 16-Year-Old Properly Jailed and Expelled from School by At age 16, Matthew Daniels was held on murder charges in Michigan's Macomb County Jail. He was housed on a mental ward, away from adult prisoners, without regular exercise or showers. Prior to his arrest Daniels attended an alternative education program, …
Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Louisiana Prison Rule Banning "Rumors" on Internet Unconstitutional by Michael Rigby On October 20, 2004, the U.S. District Court for the Middle District of Louisiana held that a Louisiana prison rule prohibiting the dissemination of "rumors" was unconstitutionally vague and overbroad. …
Article • May 15, 2007
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
Article • May 15, 2007
Pennsylvania PLRA Unconstitutional; Obscenity Ban Upheld by The Pennsylvania Supreme Court held that two provisions of the Pennsylvania Prison Litigation Reform Act (PaPLRA) violate the Pennsylvania Constitution and are, therefore, invalid. In 1998 the Pennsylvania Legislature amended 18 Pa. C.S. § 5903(a)(7)-(9), the state's obscenity law, to make it a …
Article • May 15, 2007
First Circuit Affirms Massachusetts Guard's Sentence in Prisoner Beating by by Michael Rigby On May 3, 2005, the U.S. First Circuit Court of Appeals affirmed a guard's 41-month federal prison sentence for assaulting a prisoner at the Nashua Street Jail in Boston, Massachusetts, and then conspiring to cover it up. …
Article • May 15, 2007
California Lifers Must File Parole Habeas Petitions in County of Commitment by by John E. Dannenberg The California State Supreme Court ruled that life prisoners challenging denials of parole must file their state habeas corpus petitions in the county of commitment, not in the county where they are incarcerated. Orlando …
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