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Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed by Buddhist Prisoner Retaliated Against; District Court Abused Discretion, Reversed The U.S. Sixth Circuit Court of Appeals reversed the U.S. District Court, Northern District of Ohio, in a claim of retaliation made by a Buddhist prisoner against officials of the North …
Article • May 15, 2007
California Prisoner Has Right to Court Access, Child Custody and Visitation by A California appeals court reversed a superior court's order that denied a California state prisoner custody of his children and visitation with them, and which was done without allowing him to appear for hearings on the matter. The …
Article • May 15, 2007
Compensatory Damages Not Allowed for Value of Violated Rights by The U.S. Supreme Court reversed the Sixth Circuit's affirmation of a district court's award of compensatory damages. A Michigan public school teacher brought suit against a school district under 42 U.S.C. §1983 upon suspension for his teaching methods. A jury …
Confinement in Strip Cells as Disciplinary Tool Unconstitutional by New York prisoners Mosher and Wright brought separate § 1983 actions, later consolidated, against a prison warden for Eighth Amendment violations stemming from their confinement in a strip cell." Strip cells are used for psychiatric observation; they are bare and have …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
Article • May 15, 2007
Court Orders Minor Child Visitation in NJ Jail by A federal court in New Jersey ordered that visits by minor children be allowed for pretrial detainees at the Passaic County jail in New Jersey. The court also ordered a special master to file a report on the adequacy of visiting …
Deputy Not Sheriff, Liable for Assault, Attorney Fees by The U.S. District Court for the Northern District of Texas awarded a jail prisoner $500 in compensatory damages, no punitive damages, and $2,500 in attorney fees plus costs in a case involving a deputy sheriff's assault on the prisoner. Donald Williams, …
Article • May 15, 2007
Differing Medical Opinions Not Deliberate Indifference by The Ninth Circuit has held that differing medical opinions do not constitute deliberate indifference. In November 1986, while at the Maricopa County Jail in Arizona, Douglas Eric Sanchez was diagnosed with chronic perirectal abscess and told he would require surgery. Before receiving an …
Article • May 15, 2007
Eighth and Fourteenth Amendments Protect Against Excessive Use of Force by The U.S. Supreme Court held that §1983 actions alleging excessive use of force on free citizens should be analyzed pursuant to Fourth Amendment standards rather than the less protective Eighth Amendment standards used for prisoners. Petitioner was stopped by …
Indiana Prisoner's First Amendment Religion Claim Dismissed as Frivolous by The U.S. Seventh Circuit Court of Appeals upheld dismissal as frivolous of a state prisoner's First Amendment religion claim by the U.S. District Court for the Northern District of Indiana. Patrick O'Banion, a prisoner at the Wabash Valley Correctional Facility …
Indiana Prisoner's Tobacco Trafficking Conviction Upheld; Habeas Corpus Denied by The U.S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, denied habeas corpus relief to an Indiana state prisoner convicted of trafficking in tobacco. James Hupson is a prisoner at the Miami …
Article • May 15, 2007
Filed under: Searches, Drug Testing
DUI Guilty Pleas Don't Bar Blood Draw Suits by Convictions based on pleas of guilty to DUI did not bar the plaintiffs' constitutional challenge to the manner in which blood was drawn from them, notwithstanding Heck. Since no blood evidence was used against them--in fact, no evidence was used against …
Article • May 15, 2007
Appeals Court Reduces $500,000 Police Brutality Award by Plaintiffs who were arrested and assaulted by police have their damages reduced in an example of the Fourth Circuit's knee-jerk hostility to civil rights plaintiffs. The jury had awarded the plaintiffs $500,000 in damages for their injuries. The appeals court reduced damages …
Liberty Interest in Ad-Seg Early Release Program by Affirming the U.S. District Court for the Western District of Wisconsin, the U.S. Seventh Circuit Court of Appeals ruled that Wisconsin state prisoners do not have a liberty interest related to participation in a prison program that helps prisoners in administrative segregation …
Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault by Mental Health Supervisor Granted Qualified Immunity in Prisoner's Sexual Assault The U.S. Tenth Circuit Court of Appeals has affirmed a federal district court's grant of summary judgment on qualified immunity grounds to a mental health institution's supervisor against a …
Article • May 15, 2007
Connecticut: Suit Over Prisoner's Suicide Settles for $450,000 by In this case published by the New England Jury Verdict Review & Analysis in February 1994, the estate and brother of a prisoner who committed suicide in the Southington, Connecticut, jail apparently settled their claims for $450,000. According to the plaintiffs, …
Article • May 15, 2007
Misdemeanor Conviction Can Be Treated as Felony Under USSG by The U.S. Eighth Circuit Court of Appeals has held that, under certain circumstances, a prior misdemeanor conviction can be treated as a felony conviction under the United States Sentencing Guidelines (USSG). Joe Couch was convicted in the U.S. District Court …
Article • May 15, 2007
Negligence Unproven in Ohio Prisoner's Death Following Hernia Surgery by In this case arising from the death of a state prisoner following surgery to repair a hernia, the Court of Claims of Ohio held that the plaintiff failed to meet the burden of proof required to prove the estate's claims …
Article • May 15, 2007
Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed by Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed The U.S. Ninth Circuit Court of Appeals reversed the U.S. District Court of Nevada's dismissal of a prisoner's claim that state prison officials were deliberately indifferent in exposing him …
Article • May 15, 2007
Injunction Against Placing New Prisoners in Lorton by The U.S. District Court for the District of Columbia granted prisoner-plaintiffs' motion for a preliminary injunction enjoining the District of Columbia Department of Corrections from designating the Lorton Correctional Complex as the place of confinement for any newly-sentenced prisoners due to serious …
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