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IL Jail Detainee's Conditions and Retaliation Suit States Claim by The court of appeals for the Seventh circuit held that a district court wrongly dismissed an Illinois jail detainee's lawsuit for failing to state a claim. The plaintiff sued the jail alleging high levels of racial and sexual violence, inadequate …
Article • May 15, 2007
TX Jail Liable for Strip Searches by The court of appeals for the Fifth circuit affirmed an injunction, damage and attorney fee awards against the Lubbock county jail. Two women were arrested on misdemeanor charges and when brought to the Lubbock jail they were strip searched. The jail policy was …
Article • May 15, 2007
NE Jail Liable for Strip Searches by The court of appeals for the Eighth circuit held that a Nebraska jail policy of strip searching all arrestees was unconstitutional. Plaintiff was arrested for dog leash violations and strip searched when brought to jail. District court entered judgment for defendants. Appeals court, …
Article • May 15, 2007
Denial of Clothes Upheld by The court of appeals for the Eighth circuit held that making an Arkansas prisoner spend 14 days in his underwear in segregation, when absolutely no penological reason justified the denial of clothes, was constitutional where the prisoner had sheets and blankets and the cell was …
Article • May 15, 2007
Single Case of Food Poisoning Okay by The court of appeals for the Fifth circuit held that a single instance of mass food poisoning in a Louisiana prison did not violate the Eighth amendment. If food poisoning were a regular occurrence there may be a claim. See: George v. King, …
EMIT Test Result Supports Infraction by The court of appeals for the Second circuit held that a single EMIT drug test result showing the use of drugs was sufficient to support a finding of guilt in a New York prison disciplinary hearing. Pre-hearing segregation of prisoners who test positive for …
Article • May 15, 2007
Filed under: Family, Marriage
Prisoners Have Right to Marry by The court of appeals for the Eleventh circuit held that factual issues precluding summary judgment existed in a Florida prisoners lawsuit to marry a woman. Florida administrative rules barred prisoners sentenced to death, life in prison and other factors from marrying. Court found the …
Article • May 15, 2007
Snitch-jacketing States Retaliation Claim by The court of appeals for the Eleventh circuit held that an Alabama prisoner had stated a claim that prison officials had retaliated against him for filing lawsuits by falsely labeling him a snitch. The snitch jacketing exposed him to harm by other prisoners. District court …
Punishment for Prisoner with Medical Reason not to Shave States Claim by The court of appeals for the Fifth circuit held that the district court erred when it dismissed as frivolous a Florida prisoner's suit that he was punished by prison officials for having a beard. Prisoner claimed he had …
Article • May 15, 2007
Prisoner Has Right to Keep Infraction Report Before Hearing by The court of appeals for the Second circuit held that a New York prisoner had stated a claim when he filed suit alleging prison officials had seized infraction reports from him before a scheduled disciplinary hearing, thus depriving him of …
Article • May 15, 2007
Filed under: Searches, Strip Searches
Strip Searches for Misdemeanor Arrestees Illegal by The court of appeals for the Seventh circuit upheld an injunction prohibiting the Racine county jail in Wisconsin from strip searching people arrested for non traffic related misdemeanors. Court affirmed an order published at: Tinetti v. Wittke, 479 F. Supp. 486 (ED WI …
Article • May 15, 2007
Prisoners Have Right to Confidential Meetings with Counsel by Prisoners Have Right to Confidential Meetings With Counsel The court of appeals for the Seventh circuit held that Illinois prisoners have a right to confidentially meet and confer with their attorneys. Court reversed summary judgment ruling in favor of the prisoner …
Article • May 15, 2007
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
Article • May 15, 2007
Ban on Disciplinary Hearing Witnesses Struck Down by The court of appeals for the Ninth circuit held that prisoners have a right to call live witnesses at disciplinary hearings. The court held that a blanket Oregon prison rule banning all live witnesses at disciplinary hearings was unconstitutional. Rules in question …
Jail Detainee States Claim for Denial of Exercise, Mail Censorship, and Subjection to Collective Punishment by The court of appeals for the Fifth circuit held that a district court erred when it dismissed as frivolous a lawsuit by a San Antonio, Texas, jail detainee that he was denied adequate exercise/recreation, …
Article • May 15, 2007
Filed under: Classification
No Due Process of BOP Central Monitoring System by The court of appeals for the Fifth circuit held that no due process is required before a BOP prisoner is placed on the BOP's Central Monitoring System. This ruling originating in Texas conflicts with rulings by other circuits holding otherwise. Prisoners …
Article • May 15, 2007
Filed under: Court Access, Photocopies
Prisoners Have Right to Pay for Photocopies by The court of appeals for the Tenth circuit held that a district court erred in dismissing an Oklahoma prisoner's lawsuit that prison officials refused to photocopy legal documents for filing in a lawsuit. The prisoner had the money to pay for the …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Ban on Documentary Evidence in Disciplinary Hearings Struck Down by The court of appeals for the Fifth circuit held that an Alabama prison rule prohibiting prisoners from presenting documentary evidence in their defense at prison disciplinary hearings is unconstitutional. Key to the issue is whether the evidence requested by the …
Article • May 15, 2007
Stamp Ban, Mail Denial in Segregation Upheld by The court of appeals for the Eighth circuit upheld an Arkansas prison ban on postage stamps since embossed envelopes could be purchased from the prison commissary. The court upheld a 30 day ban on the receipt and sending of personal mail to …
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