Corrections Caselaw Quarterly back issues from February 2003:
Stokes v. Miller.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court AEDPA -- Antiterrorism & Effective Death Penalty Act LAW LIBRARY Stokes v. Miller, 216 F.Supp.2d 169 (S.D.N.Y. 2000). An offender convicted of second degree felony murder petitioned for habeas corpus relief. The district court ...
Baskerville v. Blot.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court RETALIATION FOR LEGAL ACTION Baskerville v. Blot, 224 F.Supp.2d 723 (S.D.N.Y. 2002). A state prisoner field a [section] 1983 action alleging that corrections officers filed a frivolous misbehavior report against him in retaliation for his filing ...
Bell v. Johnson.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court RETALIATION Bell v. Johnson, 308 F.3d 594 (6th Cir. 2002). A former state inmate sued prison officers, alleging that they retaliated against him in violation of the First Amendment because he filed a civil rights lawsuit. The district court granted ...
Bond v. Aguinaldo.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court FILING FEE PLRA -- Prison Litigation Reform Act Bond v. Aguinaldo, 228 F.Supp.2d 918 (N.D.Ill. 2002). A state prisoner brought a [section] 1983 action alleging neglect of his medical condition. The ...
Brown v. Croak.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court EXHAUSTION PLRA -- Prison Litigation Reform Act Brown v. Croak, 312 F.3d 109 (3rd Cir. 2002). A state prisoner who was assaulted by other inmates brought a pro se action against prison officials alleging failure to protect and ...
Foster v. Fulton County.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court ACCESS TO ATTORNEY SCREENING Foster v. Fulton County, 223 F.Supp.2d 1301 (N.D.Ga. 2002). Inmates at a county jail, who had tested positive for human immunodeficiency virus (HIV), brought an action complaining of their conditions of ...
Hemphill v. New York.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Hemphill v. New York, 198 F.Supp.2d 546 (S.D.N.Y. 2002). An inmate brought a [section] 1983 action alleging that prison staff used excessive force against him. The district court dismissed ...
Ligon v. Doherty.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Ligon v. Doherty, 208 F.Supp.2d 384 (E.D.N.Y. 2002). A former county jail inmate brought a civil rights action against corrections officers who allegedly assaulted him. The district court ...
Lindell v. Litscher.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court PRO SE Lindell v. Litscher, 212 F.Supp.2d 936 (W.D.Wis. 2002). A state inmate brought several civil rights actions against corrections officials on his own behalf, and on behalf of fellow inmates. The ...
Moore v. Plaster.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court RETALIATION EVIDENCE Moore v. Plaster, 313 F.3d 442 (8th Cir. 2002). A state prisoner brought a [section] 1983 action asserting disciplinary retaliation and other claims. The district court granted summary judgment in ...
Pearl v. Cason.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court RESTRAINTS Pearl v. Cason, 219 F.Supp.2d 820 (E.D. Mich. 2002). An offender petitioned for habeas corpus relief and the district court denied the petition. The court held that shackling the prisoner did not deprive him of a fair trial. The ...
Simpson v. Gallant.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court ACCESS TO ATTORNEY PRIVILEGED CORRESPONDENCE TELEPHONE Simpson v. Gallant, 231 F.Supp.2d 341 (D.Me. 2002). A pretrial detainee brought an action against county officials, alleging violations of his right of access to ...
Smith v. Franklin County.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court EX-OFFENDER PLRA -- Prison Litigation Reform Act Smith v. Franklin County, 227 F.Supp.2d 667 (E.D.Ky. 2002). A former county jail inmate brought a [section] 1983 action against a county, alleging Eighth Amendment and Americans with ...
Tarpley v. Allen County, Indiana.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court LEGAL ASSISTANCE LAW LIBRARY Tarpley v. Allen County, Indiana, 312 F.3d 895 (7th Cir. 2002). A former inmate sued a county, alleging interference with his right to exercise his religion and denial of meaningful access to courts. The ...
Todd v. Graves.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court PLRA -- Prison Litigation Reform Act Todd v. Graves, 217 F.Supp.2d 958 (S.D.Iowa 2002). An African-American state prisoner brought a [section] 1983 action against past and current prison wardens, alleging that their denial of his requests for ...
U.S. v. Durham.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court STUN BELT U.S. v. Durham, 219 F.Supp.2d 1234 (N.D.Fla. 2002). A defendant moved to prohibit the use of a restraining device known as a "stun belt" during his trial. The district court denied the motion and the defendant was convicted. The ...
U.S. v. Flores.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. District Court ACCESS TO COUNSEL U.S. v. Flores, 214 F.Supp.2d 1193 (D.Utah 2002). A prisoner who was indicted for alleged Racketeer Influenced and Corrupt Organizations Act (RICO) violations, filed a writ of habeas corpus challenging restrictions placed on his ...
Wilson v. Sargent.(ACCESS TO COURT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court FILING FEE PLRA -- Prison Litigation Reform Act Wilson v. Sargent, 313 F.3d 1315 (11th Cir. 2002). A prisoner filed a [section]1983 suit and applied to proceed without prepayment of fees. The district court directed the prisoner to pay ...
Brown v. Crowley.(ADMINISTRATION)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court INMATE FUNDS Brown v. Crowley, 312 F.3d 782 (6th Cir. 2002). A state prison inmate brought a [section]1983 action against prison officials, alleging that his prison account had been overcharged and that officials had retaliated against him for ...
Handberry v. Thompson.(prisoners claim administration's failure to provide adequate educational services)(Brief Article)
Feb 01, 2003 ... U.S. District Court COMMISSARY STAFFING LEVELS EMPLOYEE QUALIFICATIONS Handberry v. Thompson, 219 F.Supp.2d 525 (S.D.N.Y. 2002). Prison inmates who were between the ages of 16 and 21 brought a class action against city prison officials under ...
Koch v. Lewis.(administrative segregation and solitary confinement)
Feb 01, 2003 ... U.S. District Court CONDITIONS DUE PROCESS LENGTH PROGRAMMING Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001). An inmate brought an action against a state corrections department alleging that his indefinite detention in near ...
Gayle v. Gonyea.(prisoner files administrative segregation complaint)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court RETALIATION Gayle v. Gonyea, 313 F.3d 677 (2nd Cir. 2002). A prisoner sued prison officials under [section]1983 alleging that they filed a false misbehavior report and subjected him to solitary confinement for exercising his right to file ...
Loeber v. County Of Albany.(administrative segregation)(Brief Article)
Feb 01, 2003 ... U.S. District Court SEARCHES Loeber v. County Of Albany, 216 F.Supp.2d 20 (N.D.N.Y. 2002). An arrestee who was strip searched several times after being arrested brought an action under [section] 1983, alleging numerous constitutional violations and state law claims ....
Ortiz v. Voinovich.(inmate sues correction officers alleging sexual assaul and administrative segregation)(Brief Article)
Feb 01, 2003 ... U.S. District Court PLACEMENT CONDITIONS Ortiz v. Voinovich, 211 F.Supp.2d 917 (S.D.Ohio 2002). An inmate sued state officials alleging that she was sexually assaulted by a corrections officer and that she was subjected to cruel and unusual punishment in ...
Simpson v. Gallant.(administrative segregation, prisoners access to telephone and mail services deprived)(Brief Article)
Feb 01, 2003 ... U.S. District Court TELEPHONE MAIL Simpson v. Gallant, 223 F.Supp.2d 286 (D.Me. 2002). A pretrial detainee filed a [section] 1983 action alleging his constitutional rights were violated when county jail officials denied him access to telephone and mail ...
Simpson v. Gallant.(violation of civil rights)(Brief Article)
Feb 01, 2003 ... U.S. District Court ACCESS TO COURT TELEPHONE MAIL Simpson v. Gallant, 231 F.Supp.2d 341 (D.Me. 2002). A pretrial detainee brought an action against county officials, alleging violations of his right of access to telephone and mail services as ...
Smith v. U.S.(federal prisoner complains administrative segregation of Bureau of Prisons)(Brief Article)
Feb 01, 2003 ... U.S. District Court CONDITIONS Smith v. U.S., 207 F.Supp.2d 209 (S.D.N.Y. 2002). A federal prisoner filed an action under the Federal Tort Claims Act (FTCA) alleging that the Bureau of Prisons breached its duty to provide him with suitable quarters. The district ...
U.S. v. Flores.(ADMINISTRATIVE SEGREGATION)(Racketeer Influenced and Corrupt Organizations Act)(Brief Article)
Feb 01, 2003 ... U.S. District Court PLACEMENT RESTRICTIONS TELEPHONE MAIL FREE SPEECH U.S. v. Flores, 214 F.Supp.2d 1193 (D.Utah 2002). A prisoner who was indicated for alleged Racketeer Influenced and Corrupt Organizations Act (RICO) ...
Word v. Croce.(solitary confinement and civil rights claim)(Brief Article)
Feb 01, 2003 ... U.S. District Court CONTAGIOUS DISEASES Word v. Croce, 230 F.Supp.2d 504 (S.D.N.Y. 2002). An inmate sued state corrections officials alleging violation of her constitutional rights when she was left in segregated housing after she refused to submit to a tuberculosis ...
Allen v. Leis.(county jail's pay-for-stay program unauthorized)(Brief Article)
Feb 01, 2003 ... U.S. District Court COST OF CONFINEMENT PRETRIAL DETAINEE DUE PROCES Allen v. Leis, 213 F.Supp.2d 819 (S.D. Ohio 2002). A former pretrial detainee brought a class action under [section] 1983 challenging the constitutionality of a county jail's ...
Payton v. County of Kane.(jails charged bond fee beyond the set bail amount)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court FEES Payton v. County of Kane, 308 F.3d 673 (7th Cir. 2002). Arrestees brought an action against two county jails that charged a bond fee, above and beyond the set bail amount, as a condition of their release. The district court dismissed the ...
Carruthers v. Jenne.(attorney fees)(Brief Article)
Feb 01, 2003 ... U.S. District Court PLRA -- Prison Litigation Reform Act Carruthers v. Jenne, 209 F.Supp.2d 1294 (S.D.Fla. 2002). A consent agreement was entered, calling for improvements in conditions of county jails. The county ceased payment of attorney fees and compliance ...
Foster v. Fulton County.(inadequate medical care and misdemeanor)(Brief Article)
Feb 01, 2003 ... U.S. District Court BAIL REVIEW Foster v. Fulton County, 223 F.Supp.2d 1301 (N.D.Ga. 2002). Inmates at a county jail, who had tested positive for human immunodeficiency virus (HIV), brought an action complaining of their conditions of confinement and inadequate ...
U.S. v. Ciccone.(bail and pretrial release, racketeering and money laundering case)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court BAIL REFORM ACT U.S. v. Ciccone, 312 F.3d 535 (2nd Cir. 2002). A defendant who was indicted on multiple racketeering and money laundering charges challenged denial of his pretrial release. The district court denied the defendant's request for ...
U.S. v. Goba.(conspiracy and terrorism, bail)(Brief Article)
Feb 01, 2003 ... U.S. District Court BAIL REFORM ACT ALIEN U.S. v. Goba, 220 F.Supp.2d 182 (W.D.N.Y. 2002). Prosecutors asked a federal district court to order the detention of defendants who were charged with conspiracy to provide material support for a foreign terrorist ...
U.S. v. Gotti.(bail refused)(Brief Article)
Feb 01, 2003 ... U.S. District Court BAIL REFORM ACT U.S. v. Gotti, 219 F.Supp.2d 296 (E.D.N.Y. 2002). A defendant who had been indicted on multiple racketeering and money laundering charges was refused release from pretrial detention. The ...
U.S. v. McKinley.(delay in bringing the defendant before a magistrate )(Brief Article)
Feb 01, 2003 ... U.S. District Court INITAL APPEARANCE U.S. v. McKinley, 228 F.Supp.2d 1158 (D.Or. 2002). A defendant charged with murder was arrested and detained at 10:40 a.m. on Friday and was not arraigned until the following Monday. The district court held that the delay in ...
Arlt v. Missouri Department of Corrections.(prisoner loss the job after correction officers failed to provide accomodation for writing test)(Brief Article)
Feb 01, 2003 ... U.S. District Court REHABILITATION ACT ADA -- Americans with Disabilities Act Arlt v. Missouri Department of Corrections, 229 F.Supp.2d 938 (D.Mo. 2002). An inmate brought an action under Title II of the Americans with Disabilities Act (ADA) and the ...
Calhoun v. Hargrove.(civil rights, and punitive damages lawsuit, verbal harassment )(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court VERBAL HARASSMENT Calhoun v. Hargrove, 312 F.3d 730 (5th Cir. 2002). A state prisoner field a pro se civil rights action seeking compensatory and punitive damages and injunctive relief. The district court dismissed the action. The appeals court ...
Gonzalez-Jimenez De Ruiz v. U.S.(prisoner's family files lawsuit under civil rights and conditions of confinement)(Brief Article)
Feb 01, 2003 ... U.S. District Court DEATH FREE SPEECH AND ASSOCIATION Gonzalez-Jimenez De Ruiz v. U.S., 231 F.Supp.2d 1187 (M.D.Fla. 2002). Survivors of a federal prison inmate who died while in custody brought claims under the Federal Tort Claims Act (FTCA). The district ...
Habtegaber v. Jenifer.(alien files civil rights lawsuit)(Brief Article)
Feb 01, 2003 ... U.S. District Court ALIEN Habtegaber v. Jenifer, 213 F.Supp.2d 792 (E.D.Mich. 2002). An alien filed a petition for a writ of habeas corpus, challenging the constitutionality of a statute that requires detention of criminal aliens pending removal proceedings. The ...
Valdivia v. Davis.(parole revocation and right to due process)(Brief Article)
Feb 01, 2003 ... U.S. District Court PAROLE DUE PROCESS Valdivia v. Davis, 206 F.Supp.2d 1068 (E.D.Cal. 2002). Parolees filed a class action challenging a state's parole revocation procedures, and alleging violation of their due process rights. The district court held ...
Koch v. Lewis.(solitary confinement and right to due process)(Brief Article)
Feb 01, 2003 ... U.S. District Court GANGS SEGREGATION Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001). An inmate brought an action against a state corrections department alleging that his indefinite detention in near solitary confinement, based on his alleged gang ...
Burrell v. Hampshire County.(deliberate indifference and violation of the Fourteenth Amendment)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court PRETRIAL DETAINEE SEPARATION Burrell v. Hampshire County, 307 F.3d 1 (1st Cir. 2002). A pretrial detainee who was severely beaten by a fellow detainee brought a [section] 1983 action against a county and county officials, alleging ...
Montalvo v. Snyder.(prisoners alleges Bureau of Prisons for wrongfull classification of crime)(Brief Article)
Feb 01, 2003 ... U.S. District Court SEX OFFENDERS Montalvo v. Snyder, 207 F.Supp.2d 581 (E.D.Ky. 2002). A prisoner sued the federal Bureau of Prisons claiming that he was wrongfully classified as a sexual offender and subjected to a statutory requirement that authorities be notified ...
Munoz v. Kolender.(sex offenders, strip searches)(Brief Article)
Feb 01, 2003 ... U.S. District Court SEX OFFENDERS Munoz v. Kolender, 208 F.Supp.2d 1125 (S.D.Cal. 2002). A civil detainee who was confined in a county jail under the provisions of California's Sexually Violent Predator Act brought a [section] 1983 action against a county sheriff, ...
Smith v. Muccino.(prisoner cell assignment)(Brief Article)
Feb 01, 2003 ... U.S. District Court CELL ASSIGNMENT Smith v. Muccino, 223 F.Supp.2d 396 (D.Conn. 2002). A state prisoner brought a pro se action alleging that the practice of housing him with violent inmates, sometimes in retaliation for his complaints, violated his constitutional ...
Koch v. Lewis.(conditions of confinement)
Feb 01, 2003 ... U.S. District Court SEGREGATION OUT OF CELL TIME VIEW WINDOWS Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001). An inmate brought an action against a state corrections department alleging that his indefinite detention in near ...
Foster v. Fulton County, Georgia.(conditions of confinement, prison administration lawsuit)
Feb 01, 2003 ... U.S. District Court CROWDING MEDICAL CARE PRETRIAL DETAINEE Foster v. Fulton County, Georgia, 223 F.Supp.2d 1292 (N.D.Ga. 2002). Inmates at a county jail, who had tested positive for human immunodeficiency virus (HIV), brought an action ...
Munoz v. Kolender.(CONDITIONS OF CONFINEMENT)(California. Sexually Violent Predators Act)(Brief Article)
Feb 01, 2003 ... U.S. District Court CIVIL COMMITMENT Munoz v. Kolender, 208 F.Supp.2d 1125 (S.D.Cal. 2002). A civil detainee who was confined in a county jail under the provisions of California's Sexually Violent Predator Act brought a [section] 1983 action against a county sheriff, ...
Napier v. Preslicka.(CONDITIONS OF CONFINEMENT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court EMOTIONAL DISTRESS Napier v. Preslicka, 314 F.3d 528 (11th Cir. 2002). A prisoner brought a pro se action against police officers for emotional injury allegedly resulting from mistaken arrest on a charge unrelated to his current incarceration. The ...
Reilly v. Grayson.(CONDITIONS OF CONFINEMENT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court SMOKE Reilly v. Grayson, 310 F.3d 519 (6th Cir. 2002). A prisoner brought a [section] 1983 action against prison officials alleging violation of his Eighth Amendment right to be free from cruel and unusual punishment. The district court entered ...
Smith v. Muccino.(CONDITIONS OF CONFINEMENT)(violation of constitutional rights)(Brief Article)
Feb 01, 2003 ... U.S. District Court DOUBLE-CELLING CLASSIFICATION Smith v. Muccino, 223 F.Supp.2d 396 (D.Conn. 2002). A state prisoner brought a pro se action alleging that the practice of housing him with violent inmates, sometimes in retaliation for his complaints, ...
Smith v. U.S.(CONDITIONS OF CONFINEMENT)(ureau of Prisons breached its duty)(Brief Article)
Feb 01, 2003 ... U.S. District Court TEMPERATURE Smith v. U.S., 207 F.Supp.2d 209 (S.D.N.Y. 2002). A federal prisoner field an action under the Federal Tort Claims Act (FTCA) alleging that the Bureau of Prisons breached its duty to provide him with suitable quarters. The district ...
Koch v. Lewis.(CRUEL AND UNUSUAL PUNISHMENT)(violation of right to due process)
Feb 01, 2003 ... U.S. District Court SEGREGATION VIEW Koch v. Lewis, 216 F.Supp.2d 994 (D.Ariz. 2001). An inmate brought an action against a state corrections department alleging that his indefinite detention in near solitary confinement, based on his alleged gang ...
Reilly v. Grayson.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court SMOKE-FREE ENVIRONMENT Reilly v. Grayson, 310 F.3d 519 (6th Cir. 2002). A prisoner brought a [section] 1983 action against prison officials alleging violation of his Eighth Amendment right to be free from cruel and unusual punishment. The district ...
Smith v. Muccino.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
Feb 01, 2003 ... U.S. District Court DOUBLE-CELLING FAILURE TO PROTECT Smith v. Muccino, 223 F.Supp.2d 396 (D.Conn. 2002). A state prisoner brought a pro se action alleging that the practice of housing him with violent inmates, sometimes in retaliation for his complaints, ...
Brown v. Crowley.(retaliation)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court RETALIATION Brown v. Crowley, 312 F.3d 782 (6th Cir. 2002). A state prison inmate brought a [section] 1983 action against prison officials, alleging that his prison account had been overcharged and that officials had retaliated against him for ...
Dixon v. Goord.(prisoner abuse case)(Brief Article)
Feb 01, 2003 ... U.S. District Court CONDITIONS OF SEGREGATION Dixon v. Goord, 224 F.Supp.2d 739 (S.D.N.Y. 2002). A state prisoner brought a [section] 1983 action alleging cruel and unusual punishment. The district court granted ...
Gayle v. Gonyea.(DISCIPLINE)(Brief Article)
Feb 01, 2003 ... U.S. Appeals Court RETALIATION Gayle v. Gonyea, 313 F.3d 677 (2nd Cir. 2002). A prisoner sued prison officials under [section] 1983 alleging that they filed a false misbehavior report and subjected him to solitary confinement for exercising his right to file ...
Sand v. Steele.(inmate alleges cruel and unusual punishment by correction officers)(Brief Article)
Feb 01, 2003 ... U.S. District Court DUE PROCESS RECORDS Sand v. Steele, 218 F.Supp.2d 788 (E.D.Va. 2002). An inmate brought a [section] 1983 action against corrections officers, alleging cruel and unusual punishment in connection with disciplinary procedures. The inmate ...
Simpson v. Gallant.(violation of consitutional rights)(Brief Article)
Feb 01, 2003 ... U.S. District Court PRETRIAL DETAINEE PUNITIVE SEGREGATION MAIL Simpson v. Gallant, 223 F.Supp.2d 286 (D.Me. 2002). A pretrial detainee filed a [section] 1983 action alleging his constitutional rights were violated when county jail officials ...
Simpson v. Gallant.(violation of civil rights)(Brief Article)
Feb 01, 2003 ... U.S. District Court PRETRIAL DETAINEE SEGREGATION Simpson v. Gallant, 231 F.Supp.2d 341 (D.Me. 2002). A pretrial detainee brought an action against county officials, alleging violations of his right of access to telephone and mail services as the result of ...
12. Exercise and recreation.
Feb 01, 2003 ... No ...
Kenney v. Paderes.(EX-OFFENDERS)(Brief Article)
Feb 01, 2003 ... U.S. District Court CLAIMS Kenney v. Paderes, 217 F.Supp.2d 1095 (D.Hawai'i 2002). A former prison inmate sued prison doctors, alleging they were deliberately indifferent to his medical needs while he was incarcerated. The district court denied the doctor's motion ...