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Article • May 15, 2007
BOP Rule Limiting Detainee's Ability to Publish Books Unconstitutional by A Missouri federal district court held that a Bureau of Prisons (BOP) regulation that limited an unconvicted prisoner's ability to produce and to have published manuscripts violated the prisoner's fundamental constitutional rights. This habeas corpus proceeding was filed by a …
Article • May 15, 2007
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Article • May 15, 2007
Filed under: Sentencing, Parole
Federal Supervised Release Begins on Day of Release From Imprisonment by The Third Circuit Court of Appeals held that a defendant's period of supervised release begins on the day the defendant is released from imprisonment. The defendant in this case was released to a Pennsylvania halfway house and later paroled …
Article • May 15, 2007
Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit by Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit The Ninth Circuit Court of Appeals held that Arizona law tolls the statute …
Article • May 15, 2007
Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty by Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty A Delaware federal district court has held that a prison regulation that prohibits guards from associating with ex-prisoners violates the guard's privacy rights. This action was filed by a …
Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved by Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved The Seventh Circuit Court of Appeals has held that a district court's re-characterization of a prisoner's action was improper. This action was filed …
Article • May 15, 2007
Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation by Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation The Fifth Circuit Court of Appeals held that a defendant may not be sentenced to more than 24 months imprisonment upon the revocation …
Article • May 15, 2007
California Disability Statute Tolls Limitation Statute for §1983 Suit by California Disability Statute Tolls Limitation Statute for §1983 Suit The Ninth Circuit Court of Appeals held that California's Disability Statute, Cal. Civ. Proc. Code §352(a)(3), tolls California's one-year statute to file a 42 U.S.C. §1983 action. This action sought to …
Article • May 15, 2007
Guards Must have Knowledge of Risk of Harm by The Tenth Circuit Court of Appeals held a prisoner failed to show guards acted with deliberate indifference to a substantial risk of harm when they placed him in a cell with two Latin King gang member prisoners. This action was filed …
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
FL Prisoner's Petition Deemed Filed When Given to Prison Officials by Florida's First District Court of Appeal held that a prisoner's petition for a writ of mandamus was timely filed under the "mailbox rule." The circuit court dismissed as untimely the underlying petition challenging disciplinary sanctions, which must be filed …
Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
Article • May 15, 2007
Filed under: Media, Censorship
Florida's "Right-of-Reply" Statute Unconstitutional by Florida's "Right-of-Reply" Statute Unconstitutional The U.S. Supreme Court held unconstitutional Florida's "right-of-reply" statute, which grants a political candidate the right to equal space to answer criticism and attacks on his record by a newspaper, and makes it a misdemeanor for the newspaper to fail to …
Gender Discrimination Permissible in Guard Shift Assignment by The Sixth Circuit Court of Appeals held a Title VII claim under the Civil Rights Act of 1964 is not stated where a Sheriff transferred a female guard from the first shift to third shift to comply with state law. The guard …
Article • May 15, 2007
Georgia Man Falsely Arrested by Bond Agent Awarded $5,172 by On December 3, 2002, a man jailed after being mistakenly identified by a bond agent was awarded $5,172 in damages by a superior court in Fulton County, Georgia. Plaintiff Charles Leeks was arrested at his place of employment by an …
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution; (2) arrest without probable cause; (3) deprivation of liberty without due process; (4) unlawful search and seizure of …
Article • May 15, 2007
Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request by Washington Prisoner Awarded $125 for Failure to Timely Respond to Public Records Request A Thurston County, Superior Court in Washington State awarded Airway Heights Correction Center prisoner Derek E. Grunquist $125 for a 114 business day …
Article • May 15, 2007
$750 Paid in Washington Public Records Case by The State of Washington agreed to pay $750 to Airway Heights Correctional Center (AHCC) prisoner Derek E. Gronquist for the failure of defendants Cly Evans and Sheree Raska to disclose public records that Gronquist had requested. Gronquist sought release of training records …
Guard Denied Qualified Immunity in Prisoner's Assault by The U.S. Ninth Circuit Court of Appeals affirmed denial of summary judgment on qualified immunity grounds by a California federal district court to a lieutenant at the California Men's Colony in a case where a prisoner was assaulted by his cellmate. Michael …
Article • May 15, 2007
Habeas Corpus Granted; State Used Wrong Standard to Convict by The U.S. Tenth Circuit Court of Appeals, reversing the federal district court of New Mexico, held that a New Mexico prisoner was wrongly convicted of child abuse when the state court applied the civil negligence standard rather than the criminal …
Guard Properly Convicted, Sentenced for Extorting Prisoners by The U.S. Fourth Circuit Court of Appeals upheld the sentence of a prison guard convicted of extorting prisoners. William D. Coger, a prison guard in West Virginia, was convicted of extorting money and favors from prisoners in the amount of $90,104. He …
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