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Genuine Issues of Material Fact Preclude Summary Judgment by The U.S. Court of Appeals for the Seventh Circuit held that summary judgment against a prisoner's §1983 claim was precluded by genuine issues of material fact. An Indiana state prisoner who was raped by other prisoners filed a §1983 action against …
Article • May 15, 2007
Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …
Careless Removal of Lead-Based Paint from Texas Prison States a Claim by The Texas 14th Court of Appeals at Houston reversed a trial court's dismissal of a prisoner's lawsuit which claimed injuries consequent to the careless removal of lead-based paint from an aging Texas state prison. Early in 2000, Howard …
Article • May 15, 2007
Consent Judgment Entered to Improve Confinement Conditions at MO Jail by A Missouri federal District Court approved a consent decree in litigation challenging conditions at the Jackson County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make …
Article • May 15, 2007
County Jail Not Liable for Failure to Treat Knee Injury by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court of Minnesota, held that a county jail was not liable for failure to schedule an operation on a jail prisoner's knee injured by a jail guard. Steven …
Article • May 15, 2007
Lack of Toilets in Cells Unconstitutional by The Supreme Judicial Court of Massachusetts, Suffolk, held that the lack of toilets and hot and cold running water at an Essex County jail constituted cruel and unusual punishment in violation of the Eighth Amendment and the Massachusetts Declaration of Rights as measured …
Article • May 15, 2007
Videotaping States Claim, District of Columbia Can be Sued Under §1983 by Videotaping States Claim, District of Columbia Can be Sued Under §1983 The U.S. District Court for the District of Columbia held that the District of Columbia could be sued under 42 U.S.C. §1983 and that prisoners' allegations of …
Court Enjoins CA Seg Unit Conditions by California prisoners (plaintiffs) filed a civil complaint in the United States District Court, Northern District of California, challenging the conditions of their confinement in the Adjustment Center (AC) of the California State Prison at San Quentin (SQ). Plaintiffs named as defendants the Director …
Article • May 15, 2007
Heck Does Not Bar Damage Suit Alleging Violation of Extradition Procedures by The Eleventh Circuit Court of Appeals held a 42 U.S.C. section 1983 suit seeking damages and declatory relief for the violation of a state prisoner's federally protected extradition rights was not barred by Heck v. Humphrey, 512 U.S. …
Article • May 15, 2007
Unlawful Withdrawal of Prisoner's Funds Warrants Only Nominal Damages by The U.S. Sixth Circuit Court of Appeals affirmed an Ohio federal district court decision awarding only nominal damages to a state prisoner in an action alleging that Ohio corrections officials unlawfully withdrew money from the prisoner's account. Kenneth Brown, a …
Article • May 15, 2007
Videotape Evidence Properly Admitted in Prisoner's Beating Trial by The U.S. Third Circuit Court of Appeals, affirming the U.S. District Court, Western District of Pennsylvania, held that the district court did not err in admitting a videotape of the location where an attack took place, and that even if admitting …
WI PLRA Allows Access to Release Account Funds by A Wisconsin appeals court held that the state's Prison Litigation Reform Act (PLRA), Wis. Statute 801.02(7), allows access to funds in prisoners' release accounts. The court further held that if a prisoner has filed three frivolous actions in either state or …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
US Supreme Court Holds Forced Drugging of Mentally Ill Prisoner Not Unconstitutional by The U.S. Supreme Court held that the forced medication of a mentally ill prisoner did not violate substantive due process, nor was the issue moot merely because the prisoner was not currently being forcibly medicated. A Washington …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Tenth Circuit: Kansas Prisoner's Exercise, Newspaper Ban Claims Valid by In this case filed by a Kansas prisoner, the Tenth U.S. Circuit Court of Appeals held in an unpublished opinion that inadequate, outside exercise time and a total ban on newspapers possibly violated the prisoner's constitutional rights. Mitchell Thomas was …
$36,150 Award of Attorney Fees in Puerto Rico Prisoner's Death by A Puerto Rico federal District Court awarded $36,150.10 in attorney fees to a law firm that secured a jury award on constitutional violations of $250,000 in compensatory damages, $250,000 in punitive damages and $500,000 on a tort cause of …
Access Denied to Law Library; Claim Stated; Summary Judgment Vacated by The U.S. Fourth Circuit Court of Appeals, vacating in part the grant of summary judgment by the U.S. District Court, Western District of Virginia, to state prison officials, held that a Virginia state prisoner who alleged -- among other …
Article • May 15, 2007
Filed under: Searches, Drug Testing
Additional Drug Tests Not Required to Satisfy Due Process by The U.S. Tenth Circuit Court of Appeals, affirming the U.S. District Court for the Western District of Oklahoma, held that due process does not require that prison officials perform additional drug testing when a prisoner tests positive for illegal drugs …
Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
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