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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Washington Jail Denied Good Time without Due Process; Rehearing Ordered by The Washington Court of Appeals held in an unpublished opinion that a prisoner was denied good time credits without adequate due process protections.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 ...
Article • May 15, 2007
FL Prisoners May Have Right to Notice and Hearing Before Transfer by The Court of Appeals for the Fifth Circuit reversed and remanded a Florida prisoner's complaint that alleged he was transferred from a medium security prison to a close custody confinement prison without notice or a hearing. The court ...
Expulsion from Sex Offender Treatment Program Implicates Liberty Interest by Bob Williams By Bob Williams Finding confinement and treatment inextricably linked, the United States District Court for the District of Colorado has ruled that a Colorado prisoner may have a liberty interest in participating in a Sex Offender Treatment Program ...
Wolff Applies to Jail Prisoner Disciplinary Hearings by At 678: "Pre-trial detainees may not be punished without due process of law. . . . A pre-trial detainee is entitled to the procedural protections of Wolff v. McDonnell . . ., before imposition of punishment for a disciplinary infraction." At 679: ...
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but ...
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 ...
Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned by Seventh Circuit Orders Disciplinary Hearing Due Process, Attorney Access, Legal Materials Returned The United States Court of Appeals for the Seventh Circuit ordered prison officials to cease denying prisoners due process at disciplinary hearings, access to their ...
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the ...
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets ...
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 ...
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