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Article • May 15, 2007
TN Jailers Held Liable in Slip-And-Fall Case by The Tennessee Court of Appeals has reversed a trial court's dismissal of a prisoner's negligence action against Loudon County, Tennessee and its sheriff, Tim Guider. James K. Cannon was a prisoner in the Louder County Jail on August 23, 2002 when he …
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 …
Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing by Tenth Circuit Upholds Guards' Convictions for Prisoner Beating; Remands for Sentencing The Tenth Circuit Court of Appeals upheld the criminal convictions of three GEO Corporation (formerly Wackenhut) guards for beating a prisoner. The court remanded for re-sentencing. On …
$54,000 Attorney Fees Awarded in Indiana Disability Discrimination Suit by An Indiana federal district court has awarded $54,000 in attorney fees and costs in a prisoner's disability discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion …
7th Circuit Reverses SJ Retaliatory Transfer Claims by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials on due process and retaliatory transfer claims. The Illinois Department of Corrections (IDOC) operates the Tamms Correctional Center (Tamms). It is the highest security IDOC …
Montana Supreme Court Reverses Dismissal of Injunctive Action by The Montana Supreme Court reversed a lower court's dismissal of a prisoner's action, finding that his claims were not barred by res judicata. Anthel Brown was sentenced to the Montana State Prison (MSP) on November 8, 1976. He was confined to …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
Article • May 15, 2007
Oklahoma Escape Conviction Reversed for Jail Trusty by The Oklahoma Court of Criminal Appeals has reversed a conviction for a misdemeanant's escape from the Grady County Jail because the language of the escape statute didn't encompass such an escape. On August 20, 2003, Gary Barnard was serving time in the …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
A Look Inside Washington's Prison Phone Bidding System by In an unpublished opinion, the Washington Court of Appeals held that the Washington Department of Correction (DOC) properly rescinded a Request for Proposals (RFP) to contract for prisoner telephone services. In March 2004, DOC issued an RFP to solicit bids for …
Article • May 15, 2007
Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs by Continuing Claim Doctrine Applies to Deductions from Military Pay for Incarceration Costs The United States Court of Appeals for the Federal Circuit has held that periodic deductions from a federal prisoner's military retirement pay constituted continuing claims, …
Article • May 15, 2007
No Medical Co-Pay for Indigent Illinois Prisoners by The Illinois Appellate Court reversed a lower court's denial of injunctive relief on a pro se prisoner's claim that indigent prisoners are improperly being charged $2.00 medical co-payments. Illinois statutes and rules authorize the Illinois Department of Corrections (IDOC) to deduct a …
Article • May 15, 2007
NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence by NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence William Hemric, a New York state prisoner, filed suit after being beaten. He alleged that while housed at Rikers Island jail on May 13, 1995, he was …
No Absolute Immunity for Parole Officials by The Seventh Circuit Court of Appeals reversed a lower court's dismissal of a suit against several parole officials, finding they were not entitled to absolute immunity. In 1990, Lance Dawson was convicted of Indiana criminal charges and placed on probation for 3 years, …
BOP Substance Abuse/Early Release Regulation Violates APA by The Ninth Circuit Court of Appeals held that a 1997 Bureau of Prisons (BOP) regulation precluding substance abuse treatment and early release to prisoners convicted of firearm offenses violated the notice and comment provisions of the Administrative Procedures Act (APA). In 1990, …
Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements by Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements Florida's Fourth District Court of Appeal has held that a Palm Beach Circuit Court improperly dismissed a prisoner's medical malpractice suit for failing to comply with pre-suit …
Article • May 15, 2007
Filed under: Sentencing, Bail
Cash Only Bail Violates Ohio Constitution by The Ohio Supreme Court held that cash-only bail violates Article I, Section 9, of the Ohio Constitution and Crim.R.46. On May 16, 2001, Gary Smith was arrested for the shooting of four individuals and his bond was set at $250,000. One of the …
Article • May 15, 2007
Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) by Parole Revocation Hearing Required by 18 U.S.C. § 4214(c) The Sixth Circuit Court of Appeals held that the United States Parole Commission erred in failing to hold a parole revocation hearing as required by 18 U.S.C. §4214(c), after a parolee …
Article • May 15, 2007
Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners by Florida Parole Commission Cannot Substitute Its Factual Findings for Hearing Examiners A Florida federal district court has granted a prisoner a writ of habeas corpus based upon the Florida Parole Commission (FPC) substituting its own facts for the …
Article • May 15, 2007
California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was St by John Dannenberg California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was Stayed by John E. Dannenberg The California Court of Appeal held that when a prisoner is convicted of …
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