Corrections Caselaw Quarterly back issues from May 2001:
U.S. Appeals Court: PLRA-Prison Litigation Reform Act IN FORMA PAUPERIS.
May 01, 2001 ... Abdul-Akbar v. McKelvie, 239 F.3d 307 (3rd Cir. 2001). A prisoner moved for leave to file a [sections] 1983 complaint in forma pauperis and the district court denied the motion. The appeals court affirmed, finding that the three strikes rule of the Prison Litigation Reform Act (PLRA), ...
U.S. District Court: RECORDS.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Advocacy Center v. Stalder, 128 F.Supp.2d 358 (M.D.La. 1999). An advocacy group for the rights of mentally ill persons, formed pursuant to the Protection and Advocacy for the Mentally Ill Individuals Act (PAMII Act), sued a state prison seeking release of an inmates mental health records ...
U.S. District Court: PRIVILEGED CORRES.(correspondence)(Brief Article)
May 01, 2001 ... Ballance v. Young, 130 F.Supp.2d 762 (W.D.Va. 2000). A state prisoner brought a pro se federal civil rights suit against prison officials, arising out of their seizure of several items of his personal property. The district court held that the prisoner had no reasonable expectation of ...
U.S. District Court: PLRA-Prison Litigation Reform Act.(Prison Litigation Reform Act)(Brief Article)
May 01, 2001 ... Concepcion v. Morton. 125 F.Supp.2d 111 (D.N.J. 2000). Prisoners brought an action against corrections officers and officials under [sections] 1983 asserting violation of their civil rights through the use of excessive force on two separate occasions. The district court held that an ...
U.S. Appeals Court: RETALIATION FOR LEGAL ACTION.(Brief Article)
May 01, 2001 ... Dawes v. Walker. 239 F.3d 489(2nd Cir. 2001). A prisoner brought a federal civil rights action against correctional officers, alleging retaliation in violation of his First Amendment rights in response to his successful appeal of a disciplinary order issued by one officer, and his filing ...
U.S. District Court: RECORDS.(Brief Article)
May 01, 2001 ... Advocacy Center v. Stalder, 128 F.Supp.2d 358 (M.D.La. 1999). An advocacy group for the rights of mentally ill persons, formed pursuant to the Protection and Advocacy for the Mentally Ill Individuals Act (PAMII Act), sued a state prison seeking release of an inmates mental health records ...
U.S. Appeals Court: LENGTH TRANSFER DUE PROCESS.(Brief Article)
May 01, 2001 ... Giano v. Selsky, 238 F.3d 223 (2nd Cir. 2001). A state prisoner brought an action alleging his placement in administrative segregation violated his due process rights. The district court granted summary judgment to the defendants and the prisoner appealed. The appeals court vacated the ...
U.S. District Court: SEX DISCRIMINATION REGULATIONS.(Brief Article)
May 01, 2001 ... Deblasio v. Johnson, 128 F.Supp.2d 315 (E.D.Va. 2000). State prisoners brought a [sections] 1983 action challenging a state corrections departments grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or ...
U.S. District Court: TRANSFERS PRIVACY.(Brief Article)
May 01, 2001 ... Doe v. Ward, 124 F.Supp.2d 900 (W.D.Pa. 2000). A convicted sex offender filed a complaint seeking preliminary and permanent injunctive relief in connection with the application of the Pennsylvania Registration of Sex Offenders Act, to the extent that he had been subjected to Pennsylvania ...
U.S. Appeals Court: RACIAL DISCRIM. RELIGION.
May 01, 2001 ... Morrison v. Garraghty, 239 F.3d 648(4th Cir. 2001). An inmate sued prison officials under [ss] 1983 alleging violation of his equal protection rights because of their refusal to consider his request to obtain Native American religious items because he was not of Native American heritage ....
U.S. Appeals Court: ALIEN.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Rosales-Garcia v. Holland. 238 F.3d 704 (6th Cir. 2001). A Cuban citizen petitioned for a writ of habeas corpus, alleging that his indefinite detention by the Immigration and Naturalization Service (INS), following revocation of his immigration parole violated his constitutional rights ....
U.S. District Court: PRETRIAL DETAINESS PRIVACY.(Brief Article)
May 01, 2001 ... Wilson v. City of Kalamazoo 127 F.Supp.2d 855 (W.D.Mich. 2000). Arrestees who were allegedly detained in a city jail with any clothing or covering at all for varying periods of time, brought eight separate actions against the city and others. After the actions were consolidated, the ...
U.S. District Court: SANITATION.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Deblasio v. Johnson 128 F.Supp.2d 315 (E.D.Va. 2000). state prisoners brought a [ss] 1983 action challenging a state corrections department's grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or mohawks ....
U.S. Appeals Court: DISCIPLINE RESTRAINTS.(Brief Article)
May 01, 2001 ... Hope v. Pelzer, 240 F.3d 975 (11th Cir. 2001). An inmate sued prison officers alleging violation of his Eighth and Fourteenth Amendment rights. The inmate had been handcuffed to a hitching post on two occasions, one of which lasted for seven hours without regular water or bathroom breaks ....
U.S. Appeals Court: RETALIATION.(Brief Article)
May 01, 2001 ... Dawes v. Walker, 239 F.3d 489(2nd Cir. 2001). A prisoner brought a federal civil rights action against correctional officers, alleging retaliation in violation of his First Amendment rights in response to his successful appeal of a disciplinary order issued by one officer, and his filing ...
U.S. District Court: PUNISHMENT.(Brief Article)
May 01, 2001 ... Deblasio v. Johnson, 128 F.Supp.2d 315 (E.D.Va. 2000). State prisoners brought a [sections] 1983 action challenging a state corrections department's grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or ...
U.S. Appeals Court: DUE PROCESS EVIDENCE.(Brief Article)
May 01, 2001 ... Gaither v. Anderson 236 F.3d 817(7th Cir. 2000). A state prisoner who was disciplined for theft petitioned for habeas corpus relief. The district court denied the petition and the appeals court affirmed. The appeals court found that a security videotape, a corrections officer's report ...
U.S. Appeals Court: INTERPRETER GOOD TIME.(Brief Article)
May 01, 2001 ... Gonzales-Perez v. Harper, 241 F.3d 633 (8th Cir. 2001). A prison inmate who was a Spanish-speaking native of Cuba brought a [sections] 1983 action against a prison hearing officer who conducted disciplinary hearings which led to the revocation of the inmate's good time credits, alleging ...
U.S. Appeals Court: PUNISHMENT RESTRAINTS.(Brief Article)
May 01, 2001 ... Hone v. Pelzer. 240 F.3d 975 (11th Cir. 2001). An inmate sued prison officers alleging violation of his Eighth and Fourteenth Amendment rights. The inmate had been handcuffed to a hitching post on two occasions, one of which lasted for seven hours without regular water or bathroom breaks ....
U.S. Appeals Court: EVIDENCE PUNISHMENT.(Brief Article)
May 01, 2001 ... Hudson v. Johnson, 242 F.3d 534(5th Cir. 2001). A prisoner filed a habeas corpus petition alleging that he was unconstitutionally incarcerated because a prison disciplinary board, without any evidence, found him guilty of committing riot and revoked his good time credits. The district ...
U.S. Appeals Court: PUNISHMENT.(Brief Article)
May 01, 2001 ... Pearson v. Ramos, 237 F.3d 881 (7th Cir. 2001). A state prisoner brought a [ss] 1983 action against the superintendent of a prisons' disciplinary segregation unit, seeking damages for harm allegedly suffered as the result of being denied access to outdoor exercise for a year. The district ...
U.S. Appeals Court: NOTICE DUE PROCESS INFORMANTS.(Brief Article)
May 01, 2001 ... Taylor v. Rodriguez, 238 F.3d 188 (2nd Cir. 2001). An inmate brought a suit alleging that various prison officials deprived him of due process in placing him in close custody, a housing status that involved severely restricted privileges, for an indefinite period of time. The district ...
U.S. District Court: WITNESS RETALIATION.(Brief Article)
May 01, 2001 ... Williams v. Wilkinson 132 F.Supp.2d 601 (S.D.Ohio 2001). An inmate brought a [ss] 1983 action against correctional institution officials alleging his right to procedural due process was violated when he was not permitted to call a desired witness during his rules infraction hearing. The ...
U.S. Appeals Court: OUTDOOR EXERCISE.(Brief Article)
May 01, 2001 ... Pearson v. Ramos. 237 F.3d 881 (7th Cir. 2001). A state prisoner brought a 1983 action against the superintendent of a prison's disciplinary segregation unit, seeking damages for harm allegedly suffered as the result of being denied access to outdoor exercise for a year. The district court ...
U.S. District Court: SEX OFFENDER.(Brief Article)
May 01, 2001 ... Doe v. Lee, 132 F.Supp.2d 57 (D.Conn. 2001). A purportedly non-dangerous sex offender brought due process and ex post facto challenges to the Connecticut Sex Offender Registry Act. The district court held that the act violated due process since it provided no procedure to be heard prior to ...
U.S. Supreme Court: SEX OFFENDER.(Brief Article)
May 01, 2001 ... Seling v. Young, 121 S.Ct. 727(2001). An inmate who was being held under a state sexually violent predator statute petitioned for a writ of habeas corpus challenging the constitutionality of the law. The case eventually reached the United States Supreme Court, which held that the state ...
U.S. Appeals Court: THREATS PROTECTION FROM HARM.
May 01, 2001 ... Benefield v. McDowall, 241 F.3d 1267(10th Cir. 2001). A prison inmate brought a Bivens action against prison officials alleging that he had been exposed to a risk of harm at the hands of other inmates after an officer labeled him as a "snitch." The officer moved for dismissal on the basis ...
U.S. Appeals Court: SUICIDE.
May 01, 2001 ... Brown v. Harris 240 F.3d 383 (4th Cir. 2001). The father of a detainee who committed suicide in a jail brought state tort claims and [ss] 1983 claims against county officials. The district court granted judgment as a matter of law to the defendants and the father appealed. The appeals ...
U.S. Appeals Court: SUICIDE.
May 01, 2001 ... Domino v. Texas Dept. of Criminal Justice, 239 F.3d 752(5th Cir. 2001). A prison psychiatrist appealed the decision of a federal district court that denied his motion for summary judgment based on qualified immunity. The appeals court reversed and ...
U.S. Appeals Court: PRISONER SUICIDE.(Brief Article)
May 01, 2001 ... Gregoire v. Class. 236 F.3d 413(8th Cir. 2000). The estate of a state prisoner who committed suicide brought a [ss] 1983 action against prison officials. The district court denied summary judgment for the prisoner's case manager and the case manager appealed. The appeals court reversed and ...
U.S. Appeals Court: PROTECTION FROM HARM.
May 01, 2001 ... Thornton v. Phillips County, Arkansas. 240 F.3d 728 (8th Cir. 2001). A jail inmate brought a 1983 suit against a county, police officers and paramedics based on his treatment after he was injured in a fall that was allegedly caused by a jail jumpsuit that was too long. The district ...
U.S. Appeals Court: USE OF FORCE MEDICAL CARE.
May 01, 2001 ... Young v. City of Mount Ranier. 238 F.3d 567(4th Cir. 2001). The parents of a boy who died in custody brought state law negligence and wrongful death claims, and constitutional claims under [ss] 1983, arising from the death of their son. Following removal from state court, the federal ...
U.S. Appeals Court: ASBESTOS SANITATION.
May 01, 2001 ... Herman v. Holiday 238 F.3d 660(5th Cir. 2001). An inmate brought a [ss] 1983 action against prison officials alleging constitutional violations, including unhealthful conditions and exposure to asbestos. The district court entered summary judgment for the officials and the appeals court ...
U.S. Appeals Court: FALSE IMPRISONMENT.
May 01, 2001 ... Dry v. U.S., 235 F.3d 1249 (10th Cir. 2000). Members of an Indian tribe brought a [ss] 1983 and Federal Tort Claims Act against tribal law enforcement officers who allegedly committed torts when arresting them. The district court dismissed the claims and the appeals court affirmed. The ...
U.S. Appeals Court: FALSE IMPRISONMENT.(Brief Article)
May 01, 2001 ... Scull v. New Mexico 236 F.3d 588(10th Cir. 2000). A detainee sued state and local officials alleging he was unlawfully detained for 30 days without initiation of extradition proceedings. The appeals court found that the detainee, who had previously signed a waiver of extradition as a ...
U.S. Appeals Court: FALSE IMPRISONMENT.(Brief Article)
May 01, 2001 ... Streit v. County of Los Angeles, 236 F.3d 552(9th Cir. 2001). Detainees brought a [ss] 1983 action against a county and sheriffs department seeking damages for overdetention. The district court denied the defendants' motion to dismiss and the appeals court affirmed. The appeals court held ...
U.S. District Court: SEARCHES.
May 01, 2001 ... Mason v. Village of Babylon, New York 124 F.Supp.2d 807 (E.D.N.Y. 2000). An arrestee who was taken into custody based on a traffic warrant that was later determined to have been recalled, filed an action under [ss] 1983 alleging false arrest and illegal search. The district court found ...
U.S. Appeals Court: SEARCHES.
May 01, 2001 ... Skurstenis v. Jones 236 F.3d 678(11th Cir. 2000). A female detainee brought an action against a county sheriff and sheriffs department staff, alleging that a strip search of her pelvic region violated her Fourth and Fourteenth Amendment rights. The district court granted the defendants' ...
U.S. District Court: TRANSSEXUAL.
May 01, 2001 ... Wolfe v. Horn, 130 F.Supp.2d 648 (E.D.Pa. 2001). A pre-operative transsexual inmate brought a [ss] 1983 action against prison officials and medical professionals, alleging that their failure to permit him to continue hormone treatment therapy violated his constitutional rights. The ...
U.S. Appeals Court: SANITATION TEMPERATURE.
May 01, 2001 ... Herman v. Holiday, 238 F.3d 660(5th Cir. 2001). An inmate brought a [ss] 1983 action against prison officials alleging constitutional violations, including unhealthful conditions and exposure to asbestos. The district court entered summary judgment for the officials and the appeals court ...
U.S. District Court: HAIR.
May 01, 2001 ... Deblasio v. Johnson, 128 F.Supp.2d 315 (E.D.Va. 2000). State prisoners brought a [ss] 1983 action challenging a state corrections department's grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or mohawks ....
U.S. District Court: HAIR.(Brief Article)
May 01, 2001 ... Deblasio v. Johnson, 128 F.Supp.2d 315 (E.D.Va. 2000). State prisoners brought a [ss] 1983 action challenging a state corrections department's grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or mohawks ....
U.S. Appeals Court: MAIL PUBLICATIONS.
May 01, 2001 ... Prison Legal News v. Cook, 238 F.3d 1145 (9th Cir. 2001). Prisoners and the publisher of a nonprofit newsletter brought a [ss] 1983 action against corrections officials, challenging a corrections department policy that prohibited prisoners from receiving standard rate mail (also known as ...
U.S. Appeals Court: REVOCATION.
May 01, 2001 ... Closs V. Weber 238 F.3d 1018(8th Cir. 2001). A federal district court ordered that a prisoner's good-time credits be restored, after they had been revoked, along with his conditional parole, for refusal to take psychotropic medication. The appeals court reversed and remanded, finding that ...
U.S. Appeals Court: REVOCATION EQUAL PROTECTION.
May 01, 2001 ... Gonzales-Perez v. Harper, 241 F.3d 633(8th Cir. 2001). A prison inmate who was a Spanish-speaking native of Cuba brought a [sections] 1983 action against a prison hearing officer who conducted disciplinary hearings which led to the revocation of the inmate's good time credits, alleging ...
U.S. Appeals Court: RETALIATION.(Brief Article)
May 01, 2001 ... Dawes v. Walker. 239 F.3d 489(2nd Cir. 2001). A prisoner brought a federal civil rights action against correctional officers, alleging retaliation in violation of his First Amendment rights in response to his successful appeal of a disciplinary order issued by one officer, and his filing ...
U.S. Appeals Court: DISCIPLINE.
May 01, 2001 ... Gaither v. Anderson. 236 F.3d 817(7th Cir. 2000). A state prisoner who was disciplined for theft petitioned for habeas corpus relief. The district court denied the petition and the appeals court affirmed. The appeals court found that a security videotape, a corrections officer's report ...
U.S. Appeals Court: DISCIPLINE GOOD TIME.
May 01, 2001 ... Hudson v. Johnson, 242 F.3d 534(5th Cir. 2001). A prisoner filed a habeas corpus petition alleging that he was unconstitutionally incarcerated because a prison disciplinary board, without any evidence, found him guilty of committing riot and revoked his good time credits. The district ...
U.S. Supreme Court: RELEASE DATE.
May 01, 2001 ... Lopez v. Davis 121 S.Ct. 714 (2001). A federal prisoner convicted of possession with the intent to distribute methamphetamine petitioned for a writ of habeas corpus challenging a federal Bureau of Prisons (BOP) regulation. The regulation categorically denied early release to prisoners, ...
U.S. Appeals Court: PAROLE.
May 01, 2001 ... Maddox v. Elzie. 238 F.3d 437 (D.C.Cir. 2001). After his parole was revoked and he was reincarcerated, a prisoner sought a writ of habeas corpus challenging the parole boards decision. The district court granted the petition in part and the parole board appealed. The appeals court ...
U.S. Appeals Court: ALIEN.(Brief Article)
May 01, 2001 ... Rosales-Garcia v. Holland, 238 F.3d 704 (6th Cir. 2001). A Cuban citizen petitioned for a writ of habeas corpus, alleging that his indefinite detention by the Immigration and Naturalization Service (INS), following revocation of his immigration parole violated his constitutional rights ....
U.S. District Court: CREDIT FOR TIME SERVED.
May 01, 2001 ... Russo v. Johnson. 129 F.Supp.2d 1012 (S.D.Tex. 2001). A state prisoner petitioned for habeas corpus relief and the district court denied the petition. The court found that absent a state statute, the prisoner ...
U.S. Supreme Court: SEX OFFENDER.(Brief Article)
May 01, 2001 ... Seling v. Young 121 S.Ct. 727(2001). An inmate who was being held under a state sexually violent predator statute petitioned for a writ of habeas corpus challenging the constitutionality of the law. The case eventually reached the United States Supreme Court, which held that the state ...
U.S. District Court: RAZORS HAIR.
May 01, 2001 ... Deblasio v. Johnson, 128 F.Supp.2d 315 (E.D. Va. 2000). State prisoners brought a [ss] 1983 action challenging a state corrections department's grooming regulation that required all male inmates' hair to be no more than one inch thick and precluded special styles such as braids or mohawks ....
U.S. Appeals Court: CLOTHING HOT WATER.
May 01, 2001 ... Herman v. Holiday 238 F.3d 660(5th Cir. 2001). An inmate brought a [ss] 1983 action against prison officials alleging constitutional violations, including unhealthful conditions and exposure to asbestos. The district court entered summary judgment for the officials and the appeals court ...
U.S. Appeals Court: BIVENS CLAIM QUALIFIED IMMUNITY.
May 01, 2001 ... Benefield v. McDowall, 241 F.3d 1267(10th Cir. 2001). A prison inmate brought a Bivens action against prison officials alleging that he had been exposed to a risk of harm at the hands of other inmates after an officer labeled him as a "snitch." The officer moved for dismissal on the basis ...
U.S. Appeals Court: ELEVENTH AMENDMENT.(Brief Article)
May 01, 2001 ... Strait v. County of Los Angeles. 236 F.3d 552(9th Cir. 2001). Detainees brought a [ss] 1983 action against a county and sheriffs department seeking damages for overdetention. The district court denied the defendants' motion to dismiss and the appeals court affirmed. The appeals court held ...
U.S. Appeals Court: IDENTIFICATION PSYCHOLOGICAL SCREENING.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Lee v. County of Los Angeles. 240 F.3d 754(9th Cir. 2001). A former prisoner and his mother sued under [ss] 1983 and the Americans with Disabilities Act (ADA) alleging that city and county officials ignored the prisoner's obvious mental incapacitation and failed to take steps to identify ...
U.S. District Court: SEARCHES.(Brief Article)
May 01, 2001 ... Mason v. Village of Babylon. New York. 124 F.Supp.2d 807 (E.D.N.Y. 2000). An arrestee who was taken into custody based on a traffic warrant that was later determined to have been recalled, filed an action under [ss] 1983 alleging false arrest and illegal search. The district court found ...
U.S. Appeals Court: SEARCHES.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Roberts v. Rhode Island 239 F.3d 107 (1st Cir. 2001). A detainee challenged the constitutionality of policies of the Rhode Island Department of Corrections that require all males committed to state prison to be subjected to strip searches and body cavity searches. The district court ruled ...
U.S. Appeals Court: SEARCHES MEDICAL SCREENING.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Skurstenis v. Jones 236 F.3d 678(11th Cir. 2000). A female detainee brought an action against a county sheriff and sheriffs department staff, alleging that a strip search of her pelvic region violated her Fourth and Fourteenth Amendment rights. The district court granted the defendants' ...
U.S. District Court: CLOTHING.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Wilson v. City of Kalamazoo. 127 F.Supp.2d 855(W.D.Mich. 2000). Arrestees who were allegedly detained in a city jail with any clothing or covering at all for varying periods of time, brought eight separate actions against the city and others. After the actions were consolidated, the ...
U.S. Appeals Court: BIVENS CLAIM QUALIFIED IMMUNITY.(Brief Article)
May 01, 2001 ... Benefield v. McDowall, 241 F.3d 1267 (10th Cir. 2001). A prison inmate brought a Bivens action against prison officials alleging that he had been exposed to a risk of harm at the hands of other inmates after an officer labeled him as a "snitch." The officer moved for dismissal on the basis ...
U.S. Appeals Court: PLRA-Prison Litigation Reform Act CONSENT DECREE-TERMINATION.(prisoners and prisons)(Brief Article)
May 01, 2001 ... Castillo v. Cameron County, Tex., 238 F.3d 339(5th Cir. 2001). Pretrial detainees and convicted inmates held at a jail brought a class action under [sections] 1983 against a county, state and various individuals, alleging that overcrowding at the jail resulted in cruel and unusual ...
U.S. Appeals Court: PLRA-Prison Litigation Reform Act CONSENT DECREE-TERMINATION.
May 01, 2001 ... Ruiz v. U.S., 243 F.3d 941 (5th Cir. 2001). Texas prison officials moved to terminate a judgment that found aspects of the prison system to be in violation of prisoners' constitutional rights. The district court found that provisions of the Prison Litigation Reform Act (PLRA) that ...