Prisoner's Denial of Court Access for Divorce Defined, Confuses Court by In this case, where en banc rehearing was denied, the three-judge panel produces four separate opinions--a per curiam opinion, two concurrences with contradictory rationales, and one dissent. The plaintiff alleged that he tried to file a divorce petition pro …
Firing of Deputy Warden Based on Political Affiliation Upheld by The termination of an assistant warden based on his political affiliation did not violate the First Amendment, given the broad discretionary authority associated with that position. His First Amendment retaliation claim had no merit, since his critical statements were linked …
Court Bars Expert Testimony in Police Brutality Suit by Defendants moved in limine to preclude the testimony of plaintiff's expert concerning a police use of force, on the ground that it was not based upon scientific, technical, or other specialized knowledge. Rule 702, Fed.R.Ev., "makes clear that an individual may …
Jail Not Liable for Understaffing That Results in Suicide by The decedent committed suicide in jail; he was identified as suicidal on intake. He was placed in the "special needs" cell (formerly the drunk tank), which was supposedly monitored every 15 minutes, where he hanged himself. The court grants summary …
No Sentencing Guidelines Departure for Heart Transplant by An "extraordinary physical impairment" may justify a downward departure under the federal sentencing guidelines, but the district court declined to grant one based on this criminal defendant's severe cardiac problem and the fact that the Bureau of Prisons does not provide organ …
No Heck Bar to Disciplinary Challenge Not Involving Good Time by The Spanish-speaking plaintiff alleged that he was disciplined for failing to obey an order given in English. The district court dismissed without prejudice the claim against the officer who wrote the disciplinary charge for lack of personal involvement. The …
No One Liable for Prisoner Assault by The plaintiff was beaten by other prisoners, was later taken to the hospital, and was placed in a different housing area on his return. He was later attacked by other inmates in a stairwell while returning from the yard. He had requested to …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
Court Orders New Trial on Damages Only in Excessive Force Case by A jury found for the plaintiff in an excessive force case but awarded only nominal damages. The court says there is no reasonable basis for the nominal award, and grants a new trial limited to damages. The undisputed …
Discipline for Staff Misconduct Grievance Upheld by The plaintiff filed a grievance against an Officer Drone for various misdeeds including having sex with officers and supervisors on the midnight shift. He was found guilty of insolence for that suggestion, which he admitted was based on rumors. At 732: "It is …
No Liberty Interest in Good Time Not Yet Accrued by The petitioner challenged a change in state good time law that restricted his ability to earn discretionary good time in the future. That claim should have been brought under § 1983 rather than habeas corpus. It is analogous to disputes …
Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 by Chicago Jail Social Worker Punched In Face; Suspended For Speaking Out; Awarded $300,000 In a dispute over a parking space on September 17, 2001, Cook County Jail guard Donald Keith punched jail social worker Virgean Houskins …
No Absolute Immunity for Prison Disciplinary Board Members by The U.S. Supreme Court held that prison disciplinary board members were entitled only to qualified immunity, not absolute immunity, in a civil rights suit. Respondents, former federal prisoners at the US penitentiary in Marion, Illinois, were charged with, among other things, …
Illinois Jail's Bail Bond Fees Upheld by The plaintiff arrestees sued because sheriffs were charging "bail fees," authorized by state statute, to persons who made bail by depositing their bond with sheriff. The fee was set at $1.00 by statute, with provisions for counties to raise it if an independent …
No Immunity for Retaliatory Work Release Discipline by The plaintiff was on work release. He alleged that he had a dispute with an officer, filed a grievance against the officer, who then filed a false disciplinary report against him; the officer was allowed to participate in the hearing and dictated …
Class Action Suit Doesn't Affect Individual Damage Suits by The court of appeals for the Seventh circuit held that a district court in Illinois erred in dismissing a prison conditions suit filed by Illinois prisoners. The appeals court tersely noted this was the third time it had remanded the case …
Disciplinary Hearing Requires Fact Finding by The court of appeals for the Seventh circuit upheld the dismissal of an Illinois state prisoner's lawsuit over searches of his cell for refusing to pay a guard's extortion demand and that the guard planted false evidence in his cell as a result. The …
Guards Liable for Failing to Protect Snitch by The court of appeals for the Seventh circuit held that a district court erred in dismissing an Illinois prisoner's suit that guards were deliberately indifferent to his safety when he was attacked by a cellmate in Protective Custody. Plaintiff had previously assisted …
Infraction Finding Must State Evidence Relied On by A federal district court in Illinois held that the due process rights of an Illinois state prisoner were violated when the infraction report stated he was guilty of the charged offenses but did not state the evidence relied on for that finding. …
Destruction of Court Papers States Claim by The court of appeals for the Seventh circuit held that an Illinois state prisoner had stated a claim for violation of his right to due process when jail guards destroyed court papers he needed to seek post conviction relief. Lower court erred in …
