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$7,500 Settlement in Pennsylvania Prisoner’s “Nuisance Suit” by In January 2016, Pennsylvania’s Northumberland County agreed to pay $7,500 to settle a former prisoner’s lawsuit alleging he was denied access to the courts, visitation, recreation and receipt of incoming publications. While at the Northumberland County Prison, Charles Picarella, Jr., who is ...
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 ...
Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections. Allen Michael Knoll was held in the Skagit County jail between March 2011 and August 30, ...
Tennessee CCA Warden Denied Summary Judgment for Excessive Force by A Tennessee federal court denied a private prison warden summary judgment on an excessive force claim for assaulting a handcuffed prisoner. James Ingram was a prisoner at the Hardeman County Correctional Facility (HCCF) in Tennessee, which is operated by Corrections ...
D.C. District Court Partially Dismisses Lawsuit by BOP CMU Prisoners by A lawsuit filed on behalf of prisoners held in Communication Management Units (CMUs) at federal prisons in Terre Haute, Indiana and Marion, Illinois, which alleged violations of their Constitutional rights due to placement in the CMUs, as well as ...
Article • September 15, 2011
Washington Jail's Denial of Good Time Without Hearing Violates Due Process by Division 3 of the Washington State Court of Appeals has held that the Ferry County Jail’s denial of good time credits to a prisoner without notice or a hearing violated the federal Due Process Clause. Kenneth Atwood, a ...
Fifth Circuit Reverses Pre-Filing Injunction; No Notice or Hearing Given by The U.S. Circuit Court of Appeals for the Fifth Circuit has reversed a district court’s injunction prohibiting a prisoner from filing suit without first obtaining court permission. Nasir Qureshi was enjoined by U.S. District Judge Lynn Hughes from filing ...
Arkansas Prisoner Awarded $1 a Day Plus Costs for Unconstitutional Lockdown by On June 19, 2006, the U.S. District Court for the Western District of Arkansas awarded $182 to a Benton County prisoner who spent 6 months in disciplinary segregation without a hearing or periodic reviews. Plaintiff Phetpinthong Senesackda claimed ...
Seventh Circuit Upholds False Disciplinary Charges; Due Process Violation in Transfer to Supermax Voluntarily Dismissed by The Seventh Circuit Court of Appeals affirmed a district court’s order dismissing a prisoner’s claim that guards violated his due process rights by fabricating a disciplinary charge and then finding him guilty based upon ...
Due Process Required for Disciplinary Segregation by A federal district court in Nevada granted partial summary judgment to a Nevada state prisoner holding that the plaintiff's right to due process was violated when he was placed in disciplinary segregation from administrative segregation without notice of the charges or a hearing ...
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified ...
Damages in Disciplinary Hearing Case Upheld by The court of appeals for the First circuit upheld a lower court's award of damages to a Massachusetts prisoner denied due process in a disciplinary hearing. The lower court awarded plaintiff $390 in damages, 370 F. Supp. 1071 (D MA 1974). Prisoner was ...
Loss of Good Time Credits Without Notice Warrants Habeas Relief by The U.S. Tenth Circuit Court of Appeals has reversed an Oklahoma Federal District Court's denial of a state prisoner's 28 U.S.C. § 2241 petition for habeas corpus relief and granted a certificate of appealability (COA) to him. Rayford Mayberry ...
$450 Award in Prisoner Wrongful Keeplock Suit by $450 Award In Prisoner Wrongful Keeplock Suit Ignacio Rosado, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on "keeplock" status for 7-days. In 1999, a prison guard told Rosado ...
Broken Chain of Custody not Basis for Habeas Corpus Relief by The U.S. Seventh Circuit Court of Appeals held that issuing inconsistent conduct reports and breaking the chain of custody of seized contraband cannot be the basis for federal habeas corpus relief. Rodney Wood, a prisoner at Indiana's Wabash Valley ...
Dismissal Reversed on Disciplinary Segregation Case Where Fact Issues Remained by The U.S. Tenth Circuit Court of Appeals, partly reversing the U.S. District Court for the District of New Mexico, affirmed its prior decision in Gaines v. Stensberg, 292 F.3d 1222 (10th Cir. 2002), holding that dismissal of a 42 ...
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator ...
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued ...
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