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Article • May 15, 2007
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney fee award under 42 U.S.C. § 1988 must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such …
Article • May 15, 2007
Seventh Circuit Requires Notice of Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that prisoners who are not represented by counsel in federal civil rights litigation are entitled to receive notice of the consequences of failing to respond with affidavit to motions for summary judgment …
Article • May 15, 2007
Prisoner Not Covered by Fair Labor Standards Act by The United States Court of Appeals for the Fourth Circuit held that prisoners are not covered by the federal Fair Labor Standards Act (FLSA), and they are not entitled to receive the minimum wage for work performed within a penal facility. …
Article • May 15, 2007
Filed under: Visiting
Prisoners Have No Absolute Right to Visits by The United State Court of Appeals for the Eleventh Circuit held that a convicted prisoner has no absolute right to visitation. According to the court, family visits are a privilege that is subject to the discretion of the prison authorities, so long …
Sixth Circuit Reverses Dismissal of Prisoner's Retaliation Claim by The Sixth Circuit Court of Appeals partly vacated a U.S. District Court's dismissal of a state prisoner's retaliation claims against the Michigan Department of Corrections (MDOC). MDOC prisoner Rick Manning sued various MDOC and State Police officials under 42 U.S.C. §§1983, …
Article • May 15, 2007
Sixth Circuit Orders New Trial in Prisoner's Medical Care Complaint by The U.S. Sixth Circuit Court of Appeals has remanded for a new trial the judgment of a Kentucky district court granting a directed verdict in favor of county officials in a prisoner's denial-of-medical-care claims. Barry Lynn Walker suffers from …
Seventh Circuit Reverses Summary Judgment in Prisoner's Retaliation Claim by The U.S. Seventh Circuit Court of Appeals has reversed the U.S. District Court for the Northern District of Indiana, in the case of a prisoner alleging retaliation by prison officials. This is the second reversal of the district court in …
Article • May 15, 2007
E.R. Doctor Not "State Actor"; Prison Guards Liable for Assault by E.R. Doctor Not "State Actor"; Prison Guards Liable for Assault The Sixth Circuit Court of Appeals, partly reversing a federal district court in Michigan, has held that a state prisoner stated a claim for relief against prison guards for …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Prison Disciplinary Conviction on Unidentified Informant's Testimony Okay by The U.S. Ninth Circuit Court of Appeals, affirming the U.S. District Court of Oregon, held that a prisoner's due process rights in a prison disciplinary hearing were not violated despite the lack of specificity in the time frame for the prison …
Judicial Immunity Does Not Bar Injunctive Relief or Attorney Fees by The U.S. Supreme Court held that judicial immunity did not preclude issuance of injunctive relief against a Virginia state magistrate nor did it bar the award of attorney fees against her in a civil rights action. Respondents were arrested …
Article • May 15, 2007
U.S. Fourth Circuit Upholds Censorship of Prisoner Magazine by Virginia state prisoners brought suit alleging First Amendment violations due to denial of publication of one issue of their state funded magazine. The magazine is organized and edited by prisoners but subject to pre-publication approval by prison authorities. A U.S. district …
Summary Judgment Inappropriate in Arizona Religion Case by An Arizona state prisoner filed suit in U.S. district court. alleging First Amendment violations by prison authorities. The prisoner was not able to attend Jewish services, had no access to Jewish writings and was not afforded a kosher diet. Prison officials filed …
Ban on Interprison Travel for Religious Services Overturned by Jewish Michigan state prisoners filed suit alleging First Amendment violations in response to a ban on inter-prison travel which effectively denied them the right to participate in Sabbath services and a Passover Seder. A U.S. district court held that the prisoners …
Article • May 15, 2007
Retaliation Claim Legitimate, Res Judicata Claim Not by A New York state prisoner brought a § 1983 action against prison authorities alleging retaliation for previous legal action. Prison officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York …
Article • May 15, 2007
Filed under: Searches, Videotaping
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Administrative Exhaustion Not Required Under 42 U.S.C. § 1983 by The United States Supreme Court held that it was not necessary for a prisoner to resort to state administrative remedies before seeking relief under 42 U.S. C. § 1983 for the violation of his constitutional rights. In this case, Pennsylvania …
Article • May 15, 2007
Denial of Religious Publications States a Claim by The Unites States Supreme Court held in a brief one-paragraph opinion that a lawsuit filed by an Illinois state prisoner under 42 U.S.C. § 1983, alleging that he was denied permission to purchase certain religious publications and other privileges enjoyed by other …
Article • May 15, 2007
PLRA Controls Hourly Rate of Attorney Fees by The U.S. District Court for the Southern District of Ohio held that the maximum hourly rates for attorney fees in prison litigation is controlled by the Prison Litigation Reform Act (PLRA), and the rate for Ohio had not been increased by the …
Article • May 15, 2007
Attorney Fees Allowed Under § 1988 in State Court Suits by The U.S. Supreme Court ruled that 42 U.S.C. § 1983 includes violations of federal law as well as constitutional violations, and that attorney fees could be awarded for such § 1983 violations of federal law under the Civil Rights …
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