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Article • May 15, 2007
Ban on Gay Publications Upheld by The court of appeals for the Sixth circuit upheld a Kentucky prison policy that banned gay publications. This ruling conflicts with decisions by other circuits that have struck down bans on gay publications. See: Espinoza v. Wilson, 814 F.2d 1093 (6th Cir. 1987).
Article • May 15, 2007
Abuse by Female Guard States Claim by A federal district court held that a Michigan prisoner had stated a claim by alleging a female guard had physically abused him. Not a ruling on the merits. See: Gilson v. Cox, 711 F. Supp. 354 (ED MI 1989).
Article • May 15, 2007
Suspension of Social Security Benefits for Prisoners Upheld by The court of appeals for the Fourth circuit held that 42 U.S.C. § 402(x), which suspends payment of social security benefits to incarcerated felons is constitutional. Social security benefits are non-contractual benefits subject to congressional discretion. Note that the statute only …
Trial Required for Fatal Head Injury by The court of appeals for the Ninth circuit held that a trial was required to determine if Imperial, California jail officials were deliberately indifferent to the serious medical needs of a pretrial detainee who fell and fractured his skull then later died. The …
BOP Prisoners Have Liberty Interest in Good Time by BOP Prisoners have Liberty Interest in Good Time The court of appeals for the Ninth circuit held that federal prisoners have a due process liberty interest in receiving good time credits and not being subjected to disciplinary segregation without due process …
PI Granted to Allow Visits by PI Granted to Allow visits A federal district court entered a Preliminary Injunction (PI) for a Missouri prisoner and his wife to suspend a disciplinary hearing sanction and keep the prisoner's wife on his visiting list where the guard who reported the underlying infraction …
Punishment for Rude Outgoing Letter Struck Down by The court of appeals for the Fifth circuit affirmed a lower court's award of nominal damages, injunctive relief and attorney fees and costs by holding that rude comments made by a Florida prisoner in his outgoing mail to his girlfriend are protected …
Article • May 15, 2007
Supreme Court Holds Racial Segregation Illegal by The United States Supreme Court affirmed a ruling by a three judge district court that held the racial segregation of prisoners in Alabama violates the Fourteenth amendment. See: Lee v. Washington, 390 U.S. 333, 88 S.Ct. 994, 19 LE.2d 1212 (1968).
Article • May 15, 2007
S.Ct. Holds Prison Officials Cannot Censor Court Pleadings by The United States supreme court held that a Michigan prison rule requiring prisoners to submit all legal pleadings to a prison investigator for review, before they could he filed with the courts, was invalid. Whether a habeas petition is properly drawn …
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
Article • May 15, 2007
Alcoholics Anonymous Parole Requirement Violates Establishment Clause by Alcoholics Anonymous Parole Requirement violates Establishment Clause The supreme court of Tennessee held that the Tennessee parole board's method of determining prisoner parole eligibility, by circulating and reviewing case files individually, does not violate the state's open records act. The court held …
BOP Ban on Religious Headbands Upheld by The court of appeals for the Ninth circuit held that a Bureau of Prisons rule prohibiting Native American prisoners from wearing religious headbands in the prison mess hall was constitutional. The court held the rule was reasonably related to penological interests. The court …
MI Disciplinary Hearing Officers Entitled to Judicial Immunity by The court of appeals for the Sixth circuit held that Michigan Department of Corrections hearing officers were entitled to judicial immunity from suits for damages because they were attorneys and professional hearing officers similar to administrative law judges. Note that the …
Article • May 15, 2007
Grievance Retaliation Unconstitutional by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that he was retaliated against for using the prison grievance system. Such retaliation is unconstitutional. The case was remanded for further proceedings. See: Wildberger v. Bracknell, 869 F.2d 1467 …
Article • May 15, 2007
Filed under: Searches, Drug Testing
No Chain of Custody Required for Urine Samples by The court of appeals for the Third circuit held in this class action suit by Pennsylvania prisoners, that due process was not violated when prison officials did not maintain a chain of custody record for urine samples purporting to show drug …
Race Discrimination in Seg Placement and Parole Denial States Claim by The court of appeals for the Fifth circuit held that a district court erred in dismissing an Alabama prisoner's claim that he was placed in indefinite administrative segregation and denied parole due to being black and filing lawsuits. Case …
Article • May 15, 2007
Forcing Prisoner to Do Work He is Incapable of Performing Violates 8th Amendment by The court of appeals for the Eighth circuit held that a district court erred when it dismissed, for failing to state a claim, an Arkansas prisoner's lawsuit that alleged he was forced to do work he …
Article • May 15, 2007
Legal Mail Marking Requirement Upheld by The court of appeals for the Eighth circuit upheld a Nebraska prison policy where mail from attorneys and the courts was opened and read outside the prisoner's presence if it was not marked "legal mail" even if it was obvious the mail came from …
Article • May 15, 2007
OH Jail Injunction Affirmed by The court of appeals for the Sixth circuit affirmed an injunction and declaratory judgment finding conditions in the Lucas county jail in Ohio to be unconstitutional. The court held that federal court abstention was not appropriate and the ordering of relief which required the county …
Article • May 15, 2007
Lucas County, OH Jail Conditions Unconstitutional by A federal district court held that conditions of confinement in the Lucas County jail in Ohio were unconstitutional. Ruling and injunction were affirmed at Jones v. Metzger, 456 F.2d 854 (6th Cir. 1972). See: Jones v. Metzger, 323 F. Supp. 93 (ND OH …
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