Corrections Caselaw Quarterly back issues from May 2002:
Acoolla v. Angelone.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. District Court LEGAL MATERIAL Acoolla v. Angelone, 186 F.Supp.2d 670 (W.D.Va. 2002). A prisoner who was bringing four pro se lawsuits at one time submitted two letters to the court, complaining that the prison where he was housed refused to provide him with free ...
Dupree v. Palmer.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act IN FORMA PAUPERIS Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002). A prisoner brought an in forma pauperis civil rights action and the district court determined that the prisoner was not entitled to ...
Evicci v. Baker.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. District Court ACCCESS TO COURT PRIVILEGED CORRESPONDENCE Evicci v. Baker, 190 F.Supp.2d 233 (D.Mass. 2002). A prisoner brought federal civil rights and state tort actions against corrections officials alleging that he was subjected to excessive force ...
Gibson v. Goord.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act EXHAUSTION Gibson v. Goord, 280 F.3d 221 (2nd Cir. 2002). Prisoners brought an in forma pauperis actions under [section] 1983 challenging prison conditions. The district court dismissed the actions ...
In Re Bayside Prison Litigation.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. District Court PLRA -- Prison Litigation Reform Act EXHAUSTION In Re Bayside Prison Litigation, 190 F.Supp.2d 755 (D.N.J. 2002). State prison inmates brought a [section] 1983 action against prison officials alleging numerous alleged constitutional ...
John v. N.Y.C. Dept. of Corrections.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. District Court PLRA -- Prison Litigation Reform Act PRIVILIGED CORRESPONDENCE John v. N.Y.C. Dept. of Corrections, 183 F.Supp.2d 619 (S.D.N.Y. 2002). An inmate brought a pro se [section] 1983 action against a city corrections department and ...
Lewis v. Sullivan.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act FILING FEE Lewis v. Sullivan, 279 F.3d 526 (7th Cir. 2002). A prisoner sued a state corrections agency challenging the constitutionality of a provision of the Prison Litigation Reform Act (PLRA) that ...
McAlphin v. Toney.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court IN FORMA PAUPERIS PLRA -- Prison Litigation Reform Act McAlphin v. Toney, 281 F.3d 709 (8th Cir. 2002). A pro se inmate who was subject to the "three strikes" provisions of the Prison Litigation Reform Act (PLRA) filed an action alleging ...
Ray v. Kertes.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act EXHAUSTION Ray v. Kertes, 285 F.3d 287 (3rd Cir. 2002). A former state inmate brought a [section] 1983 action against prison officials alleging that he was assaulted by corrections officers and that ...
Taylor v. Delatoore.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act IN FORMA PAUPERIS Taylor v. Delatoore, 281 F.3d 844 (9th Cir. 2002). A prisoner brought an in forma pauperis [section] 1983 action alleging he was violently beaten by a prison officer and was then ...
U.S. v. Hernandez.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court INTERROGATION INITIAL APPEARANCE U.S. v. Hernandez, 281 F.3d 746 (8th Cir. 2002). An inmate who had been convicted in federal court sought to appeal his conviction. The appeals court affirmed, finding that an overnight delay between the ...
Wicks v. Shields.(ACCESS TO COURTS)(Brief Article)
May 01, 2002 ... U.S. District Court RETALIATION FOR LEGAL ACTION Wicks v. Shields, 181 F.Supp.2d 423 (E.D.Pa. 2002). A prisoner sued corrections officials challenging his termination as an employee of a legal clinic, restrictions on his private use of the clinic and restrictions on ...
Doty v. Doyle.(ADMINISTRATION)(Brief Article)
May 01, 2002 ... U.S. District Court INMATE FUNDS Doty v. Doyle, 182 F.Supp.2d 750 (E.D.Wis. 2002). A state prisoner petitioned for habeas relief after he was transferred to a private out-of-state prison, alleging that the state lost its authority once it shipped him beyond its ...
Keeling v. Schaefer.(ADMINISTRATION)
May 01, 2002 ... U.S. District Court INMATE FUNDS Keeling v. Schaefer, 181 F.Supp.2d 1206 (D.Kan. 2001). A prison inmate brought a [section] 1983 action against corrections officials and a private corporation that employs inmates within a corrections facility. The district court ...
Manders V. Lee.(ADMINISTRATION)(Brief Article)
May 01, 2002 ... U.S. Appeals Court POLICIES/PROCEDURES Manders V. Lee, 285 F.3d 983 (11th Cir. 2002). An arrestee brought a [section] 1983 claim against a county and sheriff asserting excessive force and other claims. The district court granted summary judgment, in part, for the ...
Fraise v. Terhune.(ADMINISTRATIVE SEGREGATION)(Brief Article)
May 01, 2002 ... U.S. Appeals Court DUE PROCESS Fraise v. Terhune, 283 F.3d 506 (3rd Cir. 2002). State inmates brought a [section] 1983 action against corrections officials challenging their classification and treatment as members of a "Security Threat Group" (STG). The district ...
Riggins v. Walter.(ADMINISTRATIVE SEGREGATION)(Brief Article)
May 01, 2002 ... U.S. Appeals Court DUE PROCESS Riggins v. Walter, 279 F.3d 422 (7th Cir. 2001). A prison inmate brought a [section] 1983 action against prison officials alleging that his constitutional rights had been violated in a prison disciplinary process. The district court ...
Tellier v. Fields.(ADMINISTRATIVE SEGREGATION)(Brief Article)
May 01, 2002 ... U.S. Appeals Court LENGTH DUE PROCESS Tellier v. Fields, 280 F.3d 69 (2nd Cir. 2000). A prisoner brought a Bivens action against federal prison officials alleging he was wrongfully confined in administrative detention for 514 days in violation of his due ...
Bowman v. Corrections Corp. of America.(ASSESSMENT OF COSTS)
May 01, 2002 ... U.S. District Court CONTRACT SERVICES Bowman v. Corrections Corp. of America, 188 F.Supp.2d 870 (M.D.Tenn. 2000). The mother of a deceased inmate brought a [section] 1983 action against a corporation that managed a correctional facility, the warden, a hospital and ...
Doty v. Doyle.(ASSESSMENT OF COSTS)(Brief Article)
May 01, 2002 ... U.S. District Court COURT COSTS Doty v. Doyle, 182 F.Supp.2d 750 (E.D.Wis. 2002). A state prisoner petitioned for habeas relief after he was transferred to a private out-of-state prison, alleging that the state lost its authority once it shipped him beyond its ...
Lutz v. Smith.(ASSESSMENT OF COSTS)(Brief Article)
May 01, 2002 ... U.S. District Court MEDICAL COSTS Lutz v. Smith, 180 F.Supp.2d 941 (N.D.Ohio 2001). A man who was arrested for domestic violence brought a [section] 1983 action against a sheriff and others alleging deliberate indifference to his medical needs while he was in ...
Fairley v. Luman.(ATTORNEY FEES)(Brief Article)
May 01, 2002 ... U.S. Appeals Court ATTORNEY FEES Fairley v. Luman, 281 F.3d 913 (9th Cir. 2002). An arrestee who was detained by a police officer and held for 12 days on outstanding warrants for the arrest of his twin brother brought a [section] 1983 action alleging false arrest and ...
Johnson v. Breeden.(ATTORNEY FEES)(Brief Article)
May 01, 2002 ... U.S. Appeals Court LIMITATION PLRA -- Prison Litigation Reform Act Johnson v. Breeden, 280 F.3d 1308 (11th Cir. 2002). A state prisoner brought a [section] 1983 action against corrections officers alleging that they used excessive force on him in violation ...
Siripongs v. Davis.(ATTORNEY FEES)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act Siripongs v. Davis, 282 F.3d 755 (9th Cir. 2002). A prisoner brought a [section] 1983 action against a governor and prison warden, alleging violation of his due process rights during clemency proceedings. The ...
Webb v. Ada County.(ATTORNEY FEES)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act Webb v. Ada County, 285 F.3d 829 (9th Cir. 2002). A plaintiff who had prevailed on several issues in a [section] 1983 class action challenging jail conditions appealed after he was awarded only a percentage of ...
6. Bail.
May 01, 2002 ... No ...
Bowman v. Corrections Corp. of America.(CIVIL RIGHTS)
May 01, 2002 ... U.S. District Court MEDICAL CARE Bowman v. Corrections Corp. of America, 188 F.Supp.2d 870 (M.D.Tenn. 2000). The mother of a deceased inmate brought a [section] 1983 action against a corporation that managed a correctional facility, the warden, a hospital and ...
Fairley v. Luman.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court FALSE IMPRISONMENT Fairley v. Luman, 281 F.3d 913 (9th Cir. 2002). An arrestee who was detained by a police officer and held for 12 days on outstanding warrants for the arrest of his twin brother brought a [section] 1983 action alleging false ...
In Re Bayside Prison Litigation.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. District Court RACIAL DISCRIMINATION CRIPA -- Civil Rts. of Institutionalized Persons Act PLRA -- Prison Litigation Reform Act In Re Bayside Prison Litigation, 190 F.Supp.2d 755 (D.N.J. 2002). State prison inmates brought a [section] 1983 ...
Keeling v. Schaefer.(CIVIL RIGHTS)(case regarding )
May 01, 2002 ... U.S. District Court DISCIPLINE Keeling v. Schaefer, 181 F.Supp.2d 1206 (D.Kan. 2001). A prison inmate brought a [section] 1983 action against corrections officials and a private corporation that employs inmates within a corrections facility. The district court ...
Mitchell v. Massachusetts Dept. of Correction.(CIVIL RIGHTS)(Correction Notice)
May 01, 2002 ... U.S. District Court HANDICAP PROGRAMS ADA -- Amer with Disabilities Act Mitchell v. Massachusetts Dept. of Correction, 190 F.Supp.2d 204 (D.Mass. 2002). A prisoner brought an action against corrections defendants under Title II of the Americans ...
Morales v. Mackalm.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court SEXUAL HARASSMENT Morales v. Mackalm, 278 F.3d 126 (2nd Cir. 2002). An inmate brought a civil rights action against corrections personnel alleging they were deliberately indifferent to his serious medical needs, sexually assaulted him, ...
Oliver v. Scott.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court EQUAL PROTECTION PRIVACY SEARCH Oliver v. Scott, 276 F.3d 736 (5th Cir. 2002). A male prisoner brought a civil rights suit against a prison warden, correctional officers, and private contractors who operated a state jail ...
Thielman v. Leean.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court EQUAL PROTECTION Thielman v. Leean, 282 F.3d 478 (7th Cir. 2002). An inmate housed in a medium-security treatment facility for sexually violent persons brought a [section] 1983 action seeking declaratory and injunctive relief, alleging that the ...
Thompson v. Davis.(CIVIL RIGHTS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court EQUAL PROTECTION PAROLE ADA -- Amer. with Disabilities Act Thompson v. Davis, 282 F.3d 780 (9th Cir. 2002). State prisoners with substance abuse histories brought an action seeking prospective and injunctive relief against ...
Fraise v. Terhune.(CLASSIFICATION & SEPARATION)(Brief Article)
May 01, 2002 ... U.S. Appeals Court CUSTODY LEVEL Fraise v. Terhune, 283 F.3d 506 (3rd Cir. 2002). State inmates brought a [section] 1983 action against corrections officials challenging their classification and treatment as members of a "Security Threat Group" (STG). The district ...
9. Conditions of confinement.
May 01, 2002 ... No ...
Seaver v. Manduco.(CRUEL AND UNUSUAL PUNISHMENT)(case regarding correctional officials)(Brief Article)
May 01, 2002 ... U.S. District Court HARASSMENT Seaver v. Manduco, 178 F.Supp.2d 30 (D.Mass. 2002). State inmates filed a [section] 1983 action alleging that corrections officials harassed them because of their status as sex offenders, and conducted retaliatory visual body cavity ...
Eads v. Hanks.(DISCIPLINE)(case regarding habeas corpus petition)(Brief Article)
May 01, 2002 ... U.S. Appeals Court IMPARTIALITY Eads v. Hanks, 280 F.3d 728 (7th Cir. 2002). A state prisoner filed a habeas corpus petition alleging violation of his due process rights during a prison disciplinary hearing because one member of the disciplinary committee was ...
Espinal v. Goord.(DISCIPLINE)(case regarding impartiality towards a prisoner)(Brief Article)
May 01, 2002 ... U.S. District Court NOTICE IMPARTIALITY Espinal v. Goord, 180 F.Supp.2d 532 (S.D.N.Y. 2002). A state inmate filed a [section] 1983 action against prison official alleging violation of his Eighth and Fourteenth Amendment rights. The district court denied ...
Espinoza v. Peterson.(DISCIPLINE)(Brief Article)
May 01, 2002 ... U.S. Appeals Court DUE PROCESS EVIDENCE WITNESS Espinoza v. Peterson, 283 F.3d 949 (8th Cir. 2002). A federal inmate sought judicial review of a prison disciplinary proceeding in which he lost 13 days of "good time" credit for fighting with ...
Keeling v. Schaefer.(DISCIPLINE)
May 01, 2002 ... U.S. District Court DUE PROCESS RESTITUTION Keeling v. Schaefer, 181 F.Supp.2d 1206 (D.Kan. 2001). A prison inmate brought a [section] 1983 action against corrections officials and a private corporation that employs inmates within a corrections facility ....
Piggie v. McBride.(DISCIPLINE)(Brief Article)
May 01, 2002 ... U.S. Appeals Court EVIDENCE Piggie v. McBride, 277 F.3d 922 (7th Cir. 2002). A state prisoner filed a habeas corpus petition alleging he was denied due process of law because a prison disciplinary board failed to review a videotape of the incident that gave rise to ...
Waller v. Tripett.(DISCIPLINE)(Brief Article)
May 01, 2002 ... U.S. District Court CUSTODY LEVEL CLASSIFICATION CRITERIA Waller v. Tripett, 179 F.Supp.2d 724 (E.D.Mich. 2001). The estate of a prison employee who was killed by a prisoner sued a warden, alleging that prison employment policies violated the employee's ...
12. Exercise and recreation.
May 01, 2002 ... No ...
Mitchell v. Massachusetts Dept. of Correction.(EX-OFFENDERS)(Correction Notice)
May 01, 2002 ... U.S. District Court CLAIMS Mitchell v. Massachusetts Dept. of Correction, 190 F.Supp.2d 204 (D.Mass. 2002). A prisoner brought an action against corrections defendants under Title II of the Americans with Disabilities Act (ADA) and [section] 1983, alleging that he ...
Ray v. Kertes.(EX-OFFENDERS)(case regarding assault)(Brief Article)
May 01, 2002 ... U.S. Appeals Court CLAIMS Ray v. Kertes, 285 F.3d 287 (3rd Cir. 2002). A former state inmate brought a [section] 1983 action against prison officials alleging that he was assaulted by corrections officers and that they retaliated against him. The district court ...
Butera v. Cottey.(FAILURE TO PROTECT)
May 01, 2002 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT SEXUAL ASSAULT Butera v. Cottey, 285 F.3d 601 (7th Cir. 2002). A pretrial detainee brought a [section] 1983 action against a county sheriff after the detainee was sexually assaulted by other detainees. The ...
Evicci v. Baker.(FAILURE TO PROTECT)(case regarding lack of medical care)(Brief Article)
May 01, 2002 ... U.S. District Court OFFICER ON PRISONER ASSAULT Evicci v. Baker, 190 F.Supp.2d 233 (D.Mass. 2002). A prisoner brought federal civil rights and state tort actions against corrections officials alleging that he was subjected to excessive force in violation of the ...
Gailor v. Armstrong.(FAILURE TO PROTECT)(Brief Article)
May 01, 2002 ... U.S. District Court OFFICER ON PRISONER ASSAULT Gailor v. Armstrong, 187 F.Supp.2d 729 (W.D.Ky. 2001). The estate of a deceased pretrial detainee brought a [section] 1983 action against a county and correctional officers for the beating death of the detainee by ...
Hedrick v. Roberts.(FAILURE TO PROTECT)(case regarding assault)(Brief Article)
May 01, 2002 ... U.S. District Court OFFICER ON PRISONER ASSAULT Hedrick v. Roberts, 183 F.Supp.2d 814 (E.D. Va. 2001). Pretrial detainees who were assaulted and injured by other inmates brought separate actions in state court against a sheriff. The cases were consolidated. The ...
Johnson v. Breeden.(FAILURE TO PROTECT)(case regarding lawyers fees)(Brief Article)
May 01, 2002 ... U.S. Appeals Court OFFICER ON PRISONER ASSAULT Johnson v. Breeden, 280 F.3d 1308 (11th Cir. 2002). A state prisoner brought a [section] 1983 action against corrections officers alleging that they used excessive force on him in violation of the Eighth Amendment. The ...
Proffitt v. Ridgway.(FAILURE TO PROTECT)(Brief Article)
May 01, 2002 ... U.S. Appeals Court TRANSPORTATION Proffitt v. Ridgway, 279 F.3d 503 (7th Cir. 2002). The estate of an arrestee brought a [section] 1983 action alleging excessive force on the part of a police officer and a private citizen. The district court granted summary judgment ...
Riley v. Olk-Long.(FAILURE TO PROTECT)(case regarding sexual assault)(Brief Article)
May 01, 2002 ... U.S. Appeals Court SEXUAL ASSAULT OFFICER ON PRISONER ASSAULT Riley v. Olk-Long, 282 F.3d 592 (8th Cir. 2002). A female inmate brought a [section] 1983 action against prison officials arising from a sexual assault by a prison guard. A jury found in the ...
Skrtich v. Thornton.(FAILURE TO PROTECT)(case regarding assault by correctional officers)(Brief Article)
May 01, 2002 ... U.S. Appeals Court OFFICER ON PRISONER ASSAULT Skrtich v. Thornton, 280 F.3d 1295 (11th Cir. 2002). A prison inmate brought a [section] 1983 action against corrections officers alleging Eighth Amendment violations resulting from an alleged excessive use of force ...
Tucker v. Evans.(FAILURE TO PROTECT)(case regarding prisoners abuse)(Brief Article)
May 01, 2002 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Tucker v. Evans, 276 F.3d 999 (8th Cir. 2002). The estate of a prisoner who was killed in an attack by fellow inmates brought a [section] 1983 action against a prison employee and other, claiming they failed to protect ...
U.S. v. Daniels.(FAILURE TO PROTECT)(case regarding prisoners abuse)(Brief Article)
May 01, 2002 ... U.S. Appeals Court OFFICER ON PRISONER ASSAULT U.S. v. Daniels, 281 F.3d 168 (5th Cir. 2002). Three corrections officers were convicted for civil rights violations arising from an incident in which two of the officers ...
Waller v. Tripett.(FAILURE TO PROTECT)(Brief Article)
May 01, 2002 ... U.S. District Court PRISONER ON STAFF ASSAULT Waller v. Tripett, 179 F.Supp.2d 724 (E.D.Mich. 2001). The estate of a prison employee who was killed by a prisoner sued a warden, alleging that prison employment policies violated the employee's substantive due process ...
15. Facilities.
May 01, 2002 ... No ...
Fairley v. Luman.(FEMALE PRISONERS)(case regarding false imprisonment)(Brief Article)
May 01, 2002 ... U.S. Appeals Court FALSE IMPRISONMENT DUE PROCESS Fairley v. Luman, 281 F.3d 913 (9th Cir. 2002). An arrestee who was detained by a police officer and held for 12 days on outstanding warrants for the arrest of his twin brother brought a [section] 1983 ...
U.S. v. Hernandez.(Brief Article)
May 01, 2002 ... U.S. Appeals Court ARREST AND DETENTION U.S. v. Hernandez, 281 F.3d 746 (8th Cir. 2002). An inmate who had been convicted in federal court sought to appeal his conviction. The appeals court affirmed, finding that an overnight delay between the defendant's arrest on a ...
Cuesta v. School Bd. of Miami-Dade County, Fla.(FEMALE PRISONERS)(Brief Article)
May 01, 2002 ... U.S. Appeals Court SEARCHES Cuesta v. School Bd. of Miami-Dade County, Fla., 285 F.3d 962 (11th Cir. 2002). A high school student sued a school board and a county under [section] 1983 alleging she was subjected to an unconstitutional strip search. The district court ...
Riley v. Olk-Long.(FEMALE PRISONERS)(case regarding sex crimes)(Brief Article)
May 01, 2002 ... U.S. Appeals Court SEXUAL ASSAULT FAILURE TO PROTECT Riley v. Olk-Long, 282 F.3d 592 (8th Cir. 2002). A female inmate brought a [section] 1983 action against prison officials arising from a sexual assault by a prison guard. A jury found in the inmate's ...
18. Food.
May 01, 2002 ... No ...
Brady-Lunny v. Massey.(freedom of information )(Brief Article)
May 01, 2002 ... U.S. District Court MEDIA ACCESS NEWSPAPERS Freedom of Information Act Brady-Lunny v. Massey, 185 F.Supp.2d 928 (C.D.Ill. 2002). A publisher, newspaper, and reporter brought a state-court action against a county sheriff, seeking information ...