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Wisconsin Jail Policies Unconstitutional But Not Enjoined by Mark Wilson A Wisconsin federal court held that a jail's disciplinary, mail, and publication rules were unconstitutional. The court declined to enjoin those practices, however, essentially rendering its holding a mere advisory opinion. On September 29, 1970 pretrial detainees of the Milwaukee ...
Article • September 24, 2015 • from PLN October, 2015
Hundreds of South Carolina Prisoners Sent to Solitary Confinement Over Facebook by Dave Maass Hundreds of South Carolina Prisoners Sent to Solitary Confinement Over Facebook by Dave Maass In the South Carolina prison system, accessing Facebook is an offense on par with murder, rape, rioting, escape and hostage-taking. Back in ...
Article • April 9, 2015 • from PLN April, 2015
Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand by Lonnie Burton Seventh Circuit Reinstates Prisoner’s Eighth Amendment Suit; $26,875 Settlement on Remand by Lonnie Burton n July 17, 2014, the Seventh Circuit Court of Appeals reinstated a lawsuit filed by a mentally ill Wisconsin prisoner who claimed ...
Article • July 9, 2014 • from PLN July, 2014
Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing by Robert Warlick On August 29, 2013, the Kentucky Supreme Court affirmed an appellate decision that found an Adjustment Committee (AC) in a prison disciplinary proceeding had violated a ...
“Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center by The Eighth Circuit Court of Appeals has held that the “shocks the conscience” standard, as opposed to the “professional judgment” standard, is the proper analysis when determining an alleged due process violation based on the treatment and discipline ...
Forms of Judicial Deference in Prison Law by Sharon Dolovich by Sharon Dolovich1 Anyone familiar with the constitutional law of prisoners’ rights knows how ready courts are to find against prisoners in the name of “judicial deference.” It is not unreasonable for courts to grant a measure of deference to ...
Article • July 15, 2012
Supreme Court Considers Oklahoma Punitive Sterilization Issue by The U.S. Supreme Court reversed in June, 1942, an Oklahoma Supreme Court ruling upholding punitive sterilization of a state prisoner. Petitioner Skinner was convicted in 1926 of the crime of stealing chickens and sent to prison. In 1929 and 1934 he was ...
Article • November 15, 2011
The Ninth Circuit Court of Appeals Upholds Ban on Typewriters in Nevada Prisons by The Ninth Circuit Court of Appeals upheld a district court’s ruling that allows the Nevada Department of Corrections (NDOC) to ban prisoner typewriters. The case arose in December 2006, when Douglas Potter, a Nevada state prisoner, ...
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the ...
Judicial Review of Disciplinary Conviction Not Moot Upon Prisoner’s Release by On December 9, 2008, the Tennessee Court of Appeals at Nashville found that a former prisoner’s petition was not moot strictly because he had been released from custody. The appellate court remanded the case for a complete review of ...
Texas Youth Commission Pays $625,000 to Settle Abuse Suit by Gary Hunter To settle a federal lawsuit, the Texas Youth Commission (TYC) agreed to pay $625,000 in damages to four youths who were grossly abused by the states’ corrupt juvenile justice system. The largest payout of $345,000 went to plaintiff ...
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving ...
Assessment of Prison Account Without Seizure of Funds Implicates Due Process in Third Circuit by Mark Wilson In an important case of first impression, the U.S. Court of Appeals for the Third Circuit held that an assessment of a prisoner’s trust account without an actual seizure of funds implicates a ...
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John Dannenberg Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated by John E. Dannenberg The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court ...
Article • August 15, 2008
Rule Banning Litigation “Threats” May be Unconstitutional by The plaintiff lost good time for violating a rule that prohibited inmates from threatening employees with litigation during "confrontation situations." The panel opinion, 121 F.3d 222 (5th Cir. 1997), held that the claim concerning the disciplinary proceeding is barred by Preiser and ...
North Dakota DOC's "No-Passing" and "Publisher Only" Rules Upheld by The Supreme Court of North Dakota has upheld the constitutionality of the "no-passing" and "publisher-only" rules of the North Dakota Department of Corrections (DOC). Reuben Larson, a North Dakota state prisoner, filed a petition for a writ of certiorari in ...
Oregon Prison Disciplinary Fines Upheld by On December 14, 2005, an Oregon court of appeals upheld the statutory authority of the Oregon Department of Corrections (DOC) to impose monetary fines for disciplinary violations. Jacob Henry Barrett, an Oregon state prisoner, filed a petition for judicial review of two DOC administrative ...
South Dakota Statutory Provisions, Immunity Preclude Prisoners' Alleged Unauthorized Sanction Claims by South Dakota state prisoners Leander Clay, James Smith and Kenneth Muetze (plaintiffs) appealed the dismissal of their pro se action for statutory immunity against South Dakota State Penitentiary and Department of Corrections personnel (defendants), which alleged unlawful disciplinary ...
Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because ...
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