Prisoners Not Entitled to Minimum Wages by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner, who was forced by state prison authorities to perform menial jobs within the prison, was not entitled to minimum "ages under the Fair Labor Standards Act (FLSA). The order dismissing …
Limitations on Indigent Mail Reasonable, Paroled Prisoner's Interest Moot by The U.S. Court of Appeals for the Seventh Circuit held that, a prison's effort to balance a prisoner's right to indigent mail with budgetary considerations was valid and that one prisoner's interest in the case was moot due to his …
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Seventh Circuit Upholds BOP Nude Photograph Ban by The Seventh Circuit Court of Appeals upheld a federal prisoner's challenge to the rejection of personal photographs of nude and seminude female acquaintances. The rule in question prohibited personal photographs but allowed photographs published for commercial use. The court held "that the …
Sanction Imposed on Illinois Jail Defendant's Counsel by An Illinois federal district court denied the defendants summary judgment in a detainee's civil rights action and imposed a $100 sanction against one of the defendants for filing a reply brief urging relief in his favor after he learned a material issue …
Backsliding Not Proof of Religious Insincerity by The U.S. Court of Appeals for the Seventh Circuit vacated and remanded a district court decision dismissing a prisoner's free exercise of religion and equal protection claims. Plaintiff, an Illinois state prisoner who professed to be Rastafarian, brought a federal civil rights lawsuit …
Eighth Amendment Conditions of Confinement Claim Must Show Deliberate Indifference by The U.S. Court of Appeals for the Seventh Circuit held that a new trial was not warranted in a prisoner's §1983 action because he failed to show deliberate indifference by prison officials in his Eighth Amendment claim, and that …
Pending Grievance Does Not Satisfy PLRA Exhaustion Requirement by The U.S. Seventh Circuit Court of Appeals, upholding a federal district court's dismissal of a jail prisoner's 42 U.S.C. §1983 suit, held that administrative remedies are not exhausted so long as a grievance is "pending." Lawrence Winder was a pretrial detainee …
Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required by Polygraph Results Admissible In Disciplinary Hearings But Additional Evidence Required The U.S. Court of Appeals for the Seventh Circuit held that while polygraph evidence could be used in prison disciplinary hearings, polygraph evidence alone was insufficient to find a …
Prisoner Stated Civil Rights Claim but not RICO Claim by The U.S. Ninth Circuit Court of Appeals vacated part of a California federal district court's dismissal of a prisoner's civil right action, holding that the prisoner failed to state a claim under the Racketeer Influenced and Corrupt Organization (RICO) Act, …
Illinois Prisoner Awarded $34,500 For Delayed Release by On July 20, 1994, a federal district court awarded a former Illinois state prisoner $34,500 in compensatory and punitive damages for the extra time he spent in prison after being granted parole. Plaintiff Timothy Wilson claimed that on January 21, 1990, he …
Imminent Danger Exception to PLRA Three Strikes by The U.S. Northern District Court of Illinois determined that a prisoner who failed to state a claim three times in three separate federal civil actions could still proceed without prepayment of fees under the imminent danger exception to the Prison Litigation Reform …
Absent Actual Injury Only Nominal Damages for Due Process Violations by The U.S. Supreme Court held that a procedural due process violation warranted only nominal damages in the absence of actual injury. Plaintiffs, Illinois high school students who had been suspended without due process, brought a §1983 action against the …
Abuse of Discretion in Failing to Grant Prisoner Continuance in §1983 Action by Illinois state prisoner Robert Harris filed a 42 U.S.C. §1983 action against prison officials claiming guards interfered with his mail and visiting rights, preventing him from preparing an adequate defense to state criminal charges. The state filed …
Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody by Prison's Restrictive Policies Violate Rights of Prisoners in Protective Custody The U.S. Court of Appeals for the Seventh Circuit held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought …
Restrictive Policies Violate Rights of Protective Custody Prisoners by The U.S. District Court, N.D. Illinois, held that prison officials had violated various constitutional rights of prisoners in protective custody. Illinois prisoners in protective custody brought a § 1983 action against prison officials alleging violations of their rights to free exercise …
Use of Magistrate Over Defendant's Objection Constitutional by The U.S. Supreme Court held that a criminal defendant's right to due process was not violated by a district court judge's referral of his motion to suppress to a Magistrate, as authorized by the Federal Magistrates Act, over defendant's objection. Respondent, Herman …
Supreme Court Overturns Dismissal of §1983 Action by Supreme Court Overturns Dismissal of §1983 Action The U.S. Supreme Court affirmed in part and reversed in part a lower court's judgment dismissing an Illinois prisoner's action under 42 U.S.C. § 1983 and ordering him to pay the respondent's attorney fees, which …
Release-Dismissal Agreement Bars Future Suit by The Seventh Circuit Court of Appeals affirmed a Northern District of Indiana district court's order granting summary judgment, which held that a release agreement dismissing criminal charges in exchange for release from liability in a 42 U.S.C. § 1983 action was valid and barred …
Pro Se Litigant Not Entitled to Attorney Fee Award by Pro Se Litigant Not Entitled to Attorney Fee Award. The Seventh Circuit Court of Appeals held that a litigant acting pro se cannot be awarded attorney fees as a prevailing party under the Equal Access to Justice Act (EAJA), 28 …
