Corrections Caselaw Quarterly back issues from May 2003:
Ferrington v. Louisiana Dept. of Corrections.(exhaustion of state remedies)(Brief Article)
May 01, 2003 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act EXHAUSTION Ferrington v. Louisiana Dept. of Corrections, 315 F.3d 529 (5th Cir. 2002). A state prisoner brought a [section] 1983 action against a corrections department and its employees, alleging ...
Giba v. Cook.(legal materials)(Brief Article)
May 01, 2003 ... U.S. District Court LEGAL MATERIALS JAILHOUSE LAWYERS PRIVILEGED CORRESPONDENCE SEARCHES Giba v. Cook, 232 F.Supp.2d 1171 (D.Or. 2002). A state prisoner brought a [section] 1983 action, alleging various constitutional violations ....
Judd v. Furgeson.(frivolous suits )(Brief Article)
May 01, 2003 ... U.S. District Court FRIVOLOUS SUITS PLRA -- Prison Litigation Reform Act Judd v. Furgeson, 239 F.Supp.2d 442 (D.N.J. 2002). A federal prisoner filed an amended motion to proceed in forma pauperis. The district court held that the inmate was barred by the ...
Merriweather v. Sherwood.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court LAW LIBRARY Merriweather v. Sherwood, 235 F.Supp.2d 339 (S.D.N.Y. 2002). Prison officials moved, under the Prison Litigation Reform Act (PLRA), to dissolve a prison conditions consent decree entered 24 years earlier. Prisoners moved to postpone ...
Rodriguez v. Ames.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court PRIVILEGED COMMUNICATION TELEPHONE Rodriguez v. Ames, 224 F.Supp.2d 555 (W.D.N.Y. 2002). A pro se state prisoner brought a suit against state corrections officials and employees, alleging violations of [section] 1983. The district court ...
Terry Ex Rel. Terry v. Hill.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court ACCESS TO COURT Terry Ex Rel. Terry v. Hill, 232 F.Supp.2d 934 (E.D.Ark. 2002). Pretrial detainees brought a class action against the Arkansas Department of Human Services, claiming that inordinate delays in providing evaluation and treatment of ...
DeBlasio v. Gilmore.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court FILING FEES PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his certified or registered ...
Hannon v. Allen.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court TRANSFER Hannon v. Allen, 241 F.Supp.2d 71 (D.Mass. 2003). A Pennsylvania inmate who was transferred to a prison in Massachusetts brought a [section] 1983 action claiming denial of his right of access to Pennsylvania courts, seeking a preliminary ...
Mitchell v. Horn.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court RETALIATION FOR LEGAL ACTION Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer planted contraband near his ...
Risdal v. Iowa.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court FRIVOLOUS SUITS COURT COSTS Risdal v. Iowa, 243 F.Supp.2d 970 (S.D.Iowa 2003). A prisoner brought a pro se habeas corpus proceeding challenging the imposition of prison discipline. The defendants moved to dismiss the case based on a ...
Santos v. Hauck.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Santos v. Hauck, 242 F.Supp.2d 257 (W.D.N.Y. 2003). A state inmate brought a [section] 1983 action against correctional officers, alleging various violations of his constitutional rights ....
Simmons v. Sacramento County Superior Court.(ACCESS TO COURT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CIVIL SUIT Simmons v. Sacramento County Superior Court, 318 F.3d 1156 (9th Cir. 2003). A state prisoner brought a [section] 1983 action after a default judgment was issued against him in a civil personal injury action because he failed to appear ...
2. Administration.(Brief Article)
May 01, 2003 ... No ...
Phillips v. Norris.(ADMINISTRATIVE SEGREGATION)(Brief Article)
May 01, 2003 ... U.S. Appeals Court VISITS RELIGIOUS SERVICES EXERCISE Phillips v. Norris, 320 F.3d 844 (8th Cir. 2003). A state prison inmate brought a [section] 1983 action against corrections officials, alleging violations of his rights based on his ...
DeBlasio v. Gilmore.(filing fees)(Brief Article)
May 01, 2003 ... U.S. Appeals Court COURT COSTS PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his certified or registered ...
Risdal v. Iowa.(prison discipline, habeas corpus case)(Brief Article)
May 01, 2003 ... U.S. District Court COURT COSTS Risdal v. Iowa, 243 F.Supp.2d 970 (S.D.Iowa 2003). A prisoner brought a pro se habeas corpus proceeding challenging the imposition of prison discipline. The defendants moved to dismiss the case based on a procedural default in state ...
Armstrong v. Davis.(ATTORNEY FEES)(Brief Article)
May 01, 2003 ... U.S. Appeals Court PLRA -- Prison Litigation Reform Act Armstrong v. Davis, 318 F.3d 965 (9th Cir. 2003). Prisoners who had prevailed on their claims under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) moved for the award of attorney fees ....
Christina A. Ex Rel. Jennifer A. v. Bloomberg.(ATTORNEY FEES)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CONSENT DECREE PLRA -- Prison Litigation Reform Act Christina A. Ex Rel. Jennifer A. v. Bloomberg, 315 F.3d 990 (8th Cir. 2003). A class of juvenile inmates sued the secretary of a state corrections department and the superintendent of a ...
U.S. v. Goba.(BAIL)(Brief Article)
May 01, 2003 ... U.S. District Court BAIL REFORM ACT U.S. v. Goba, 240 F.Supp.2d 242 (W.D.N.Y. 2003). Defendants who were charged with conspiring to knowingly provide material support and resources to a foreign terrorist organization and related crimes, moved to revoke a magistrate's ...
Wang v. Ashcroft.(BAIL)(Brief Article)
May 01, 2003 ... U.S. Appeals Court ALIEN Wang v. Ashcroft, 320 F.3d 130 (2nd Cir. 2003). An alien petitioned for habeas corpus relief, arguing that his removal to China would violate the United Nations Convention Against Torture (CAT), and that his continued detention without a bond ...
Smith v. Cochran.(CIVIL RIGHTS)(Brief Article)
May 01, 2003 ... U.S. District Court SEXUAL HARASSMENT Smith v. Cochran, 216 F.Supp.2d 1286 (N.D.Okla. 2001). A female former inmate filed a [section] 1983 suit alleging that a state drivers license examiner forced her to have sex with him while she was on work release at the ...
Ainsworth v. Stanley.(CIVIL RIGHTS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SELF-INCRIMINATION PROGRAMS Ainsworth v. Stanley, 317 F.3d 1 (1st Cir. 2002). Convicted sex offenders sued a state corrections department alleging violation of their Fifth Amendment right against self-incrimination. The department ...
Calhoun v. Detella.(CIVIL RIGHTS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SEARCH CRIPA -- Civil Rights of Institutionalized Persons Act Calhoun v. Detella, 319 F.3d 936 (7th Cir. 2003). A male state prisoner sued prison employees under [section] 1983, alleging that a strip search conducted in the presence of ...
Johnson v. State of California.(CIVIL RIGHTS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court RACIAL DISCRIMINATION CLASSIFICATION EQUAL PROTECTION Johnson v. State of California, 321 F.3d 791 (9th Cir. 2003). An African-American state prison inmate brought an action against prison administrators, alleging that a ...
Singleton v. Norris.(CIVIL RIGHTS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court EXECUTION Singleton v. Norris, 319 F.3d 1018 (8th Cir. 2003). A death row prisoner who was being forcibly administered psychotropic medication sought an order ordering a halt to the treatment. The state court denied his motions and he petitioned ...
Estate of Ford v. Ramirez-Palmer.(CLASSIFICATION & SEPARATION)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CELL ASSIGNMENT SEPARATION Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043 (9th Cir. 2002). The family and estate of a state prison inmate who was killed by his cellmate brought a [section] 1983 action against an associate warden and ...
West v. Macht.(CLASSIFICATION & SEPARATION)(Brief Article)
May 01, 2003 ... U.S. District Court SEX OFFENDER CIVIL COMMITMENT West v. Macht, 235 F.Supp.2d 966 (E.D.Wis. 2002). Civilly-committed sex offenders brought a [section] 1983 action against employees of a state treatment facility. The district court held that ...
Johnson v. State of California.(racial discrimination case)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CELL ASSIGNMENT RACIAL DISCRIMINATION DOUBLE-CELLING Johnson v. State of California, 321 F.3d 791 (9th Cir. 2003). An African-American state prison inmate brought an action against prison administrators, alleging that a ...
Davis v. New York.(CONDITIONS OF CONFINEMENT)(second-hand smoke)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SMOKE Davis v. New York, 316 F.3d 93 (2nd Cir. 2002). A pro se state prisoner brought a [section] 1983 action alleging he was exposed to unreasonably high levels of second-hand smoke, in violation of the Eighth Amendment. The district court granted ...
Drake v. Velasco.(CONDITIONS OF CONFINEMENT)(Brief Article)
May 01, 2003 ... U.S. District Court FOOD SANITATION Drake v. Velasco, 207 F.Supp.2d 809 (N.D.Ill. 2002). An inmate sued county corrections officials and a food service company under [section] 1983, alleging failure to provide him with sanitary meals. The district court ...
Atkinson v. Taylor.(CONDITIONS OF CONFINEMENT)(environmental tobacco smoke )(Brief Article)
May 01, 2003 ... U.S. Appeals Court SMOKE Atkinson v. Taylor, 316 F.3d 257 (3rd Cir. 2003). An inmate brought a suit under [section] 1983 claiming that prison officials violated his Eighth Amendment rights by exposing him to environmental tobacco smoke (ETS) that created a serious ...
Atkinson v. Taylor.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SMOKE Atkinson v. Taylor, 316 F.3d 257 (3rd Cir. 2003). An inmate brought a suit under [section] 1983 claiming that prison officials violated his Eighth Amendment rights by exposing him to environmental tobacco smoke (ETS) that created a serious ...
Calhoun v. Detella.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SEARCHES Calhoun v. Detella, 319 F.3d 936 (7th Cir. 2003). A male state prisoner sued prison employees under [section] 1983, alleging that a strip search conducted in the presence of female officers violated his Eighth Amendment rights. The ...
Pannell v. McBride.(DISCIPLINE)(Brief Article)
May 01, 2003 ... U.S. Appeals Court WITNESS DUE PROCESS Pannell v. McBride, 306 F.3d 499 (7th Cir. 2002). A state inmate sought federal habeas corpus relief after a prison conduct adjustment board found him guilty of possessing a deadly weapon. The district court denied ...
Seehausen v. Van Buren.(DISCIPLINE)(Brief Article)
May 01, 2003 ... U.S. District Court NOTICE DUE PROCESS Seehausen v. Van Buren, 243 F.Supp.2d 1165 (D.Or. 2002). A federal prisoner brought a habeas corpus claim challenging the imposition of discipline for phoning a former inmate who was on home confinement. The district ...
Mitchell v. Horn.(retaliation claim)(Brief Article)
May 01, 2003 ... U.S. Appeals Court DUE PROCESS RETALIATION Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer planted contraband near ...
12. Exercise and recreation.(Brief Article)
May 01, 2003 ... No ...
Smith v. Cochran.(cases of intentional infliction of emotional distress)(Brief Article)
May 01, 2003 ... U.S. District Court CLAIMS Smith v. Cochran, 216 F.Supp.2d 1286 (N.D.Okla. 2001). A female former inmate filed a [section] 1983 suit alleging that a state drivers license examiner forced her to have sex with him while she was on work release at the examination ...
Kiman v. New Hampshire Dept. of Corrections.(EX-OFFENDERS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CLAIMS Kiman v. New Hampshire Dept. of Corrections, 301 F.3d 13 (1st Cir. 2002). A former inmate suffering from amyotrophic lateral sclerosis (ALS) brought a [section] 1983 action against corrections officials, alleging violations of the Americans ...
McCurry v. Moore.(EX-OFFENDERS)(Brief Article)
May 01, 2003 ... U.S. District Court CLAIMS McCurry v. Moore, 242 F.Supp.2d 1167 (N.D.Fla. 2002). A former state inmate brought a pro se [section] 1983 action against prison officials, individually and in their official capacity, alleging that he was held in prison beyond the ...
DeBlasio v. Gilmore.(filing fees)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CLAIMS PLRA -- Prison Litigation Reform Act DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his certified or registered "legal" ...
Wallin v. Norman.(EX-OFFENDERS)(Brief Article)
May 01, 2003 ... U.S. Appeals Court CLAIMS Wallin v. Norman, 317 F.3d 558 (6th Cir. 2003). A former state prisoner filed a [section] 1983 action against various prison officials alleging that he was denied proper medical treatment while in prison, and that the officials were ...
Estate of Ford v. Ramirez-Palmer.(Brief Article)
May 01, 2003 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043 (9th Cir. 2002). The family and estate of a state prison inmate who was killed by his cellmate brought a [section] 1983 action against an associate warden and correctional ...
Petrone v. Pike County Probation Dept.(FAILURE TO PROTECT)(Brief Article)
May 01, 2003 ... U.S. District Court PROTECTION FROM HARM PAROLE Petrone v. Pike County Probation Dept., 240 F.Supp.2d 317 (M.D.Pa. 2002). The administrators of the estate of a woman who was killed by her husband, brought a [section] 1983 action against a county probation ...
Pizzuto v. County of Nassau.(FAILURE TO PROTECT)(Brief Article)
May 01, 2003 ... U.S. District Court WRONGFUL DEATH OFFICER ON PRISONER ASSAULT Pizzuto v. County of Nassau, 240 F.Supp.2d 203 (E.D.N.Y. 2002). The family of a county corrections facility inmate who had been beaten to death by corrections officers, brought a civil action ...
Sheppard v. Phoenix.(FAILURE TO PROTECT)(Brief Article)
May 01, 2003 ... U.S. District Court OFFICER ON PRISONER ASSAULT Sheppard v. Phoenix, 210 F.Supp.2d 450 (S.D.N.Y. 2002). Current and former inmates filed a class action alleging that city corrections officials engaged in a pattern of brutality and used gratuitous and excessive ...
Cavalieri v. Shepard.(FAILURE TO PROTECT)(Brief Article)
May 01, 2003 ... U.S. Appeals Court SUICIDE ATTEMPT Cavalieri v. Shepard, 321 F.3d 616 (7th Cir. 2003). The mother of a pretrial detainee who attempted suicide brought a [section] 1983 action against a police officer, alleging deliberate indifference to the detainee's risk of ...
Pizzuto v. County of Nassau.(cases of wrongful death )(Brief Article)
May 01, 2003 ... U.S. District Court OFFICER ON PRISONER ASSAULT WRONGFUL DEATH Pizzuto v. County of Nassau, 239 F.Supp.2d 301 (E.D.N.Y. 2003). Family members of a county corrections inmate who was fatally beaten by corrections officers sued the officers involved in the ...
Robinson v. U.S. Bureau of Prisons.(FAILURE TO PROTECT)(Brief Article)
May 01, 2003 ... U.S. District Court PRISONER ON PRISONER ASSAULT Robinson v. U.S. Bureau of Prisons, 244 F.Supp.2d 57 (N.D.N.Y. 2003). The mother of a federal prisoner who died after he was stabbed by another inmate, brought [section] 1983 and Federal Tort Claims Act actions against ...
15. Facilities.
May 01, 2003 ... No ...
Biberdorf v. Oregon.(FALSE IMPRISONMENT/ARREST)(Brief Article)
May 01, 2003 ... U.S. District Court FALSE IMPRISONMENT Biberdorf v. Oregon, 243 F.Supp.2d 1145 (D.Or. 2002). A state prisoner who was denied credit for time served due to a record-keeping error, sued the state and a county under [section] 1983 and state law. The district court ...
Laube v. Haley.(FEMALE PRISONERS)(Brief Article)
May 01, 2003 ... U.S. District Court CONDITIONS Laube v. Haley, 242 F.Supp.2d 1150 (M.D.Ala. 2003). Female prisoners brought an action against prison officials, challenging conditions of their confinement at certain state prisons. The district court granted injunctive relief, ...
Drake v. Velasco.(food handling petition)(Brief Article)
May 01, 2003 ... U.S. District Court SANITATION SERVING NUTRITION Drake v. Velasco, 207 F.Supp.2d 809 (N.D.Ill. 2002). An inmate sued county corrections officials and a food service company under [section] 1983, alleging failure to provide him with sanitary ...
Madison v. Riter.(FOOD)(Brief Article)
May 01, 2003 ... U.S. District Court RELIGIOUS DIET Madison v. Riter, 240 F.Supp.2d 566 (W.D.Va. 2003). A state prisoner brought an action against prison officials under the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA), seeking relief from ...
Resnick v. Adams.(FOOD)(Brief Article)
May 01, 2003 ... U.S. Appeals Court RELIGIOUS DIET Resnick v. Adams, 317 F.3d 1056 (9th Cir. 2003). An Orthodox Jewish inmate brought an action under [section] 1983 and the Religious Freedom Restoration Act (RFRA) alleging violation of his right to free exercise of religion because ...
California First Amendment Coalition v. Woodford.(violation of freedom of speech)(Brief Article)
May 01, 2003 ... U.S. Appeals Court MEDIA ACCESS EXECUTIONS California First Amendment Coalition v. Woodford, 299 F.3d 868 (9th Cir. 2002). Nonprofit organizations, whose members included journalists who attended and reported on state executions, brought an action against ...
Rodriguez v. Ames.(soliciting)(Brief Article)
May 01, 2003 ... U.S. District Court SOLICITING Rodriguez v. Ames, 224 F.Supp.2d 555 (W.D.N.Y. 2002). A pro se state prisoner brought a suit against state corrections officials and employees, alleging violations of [section] 1983. The district court granted partial summary judgment ...
Forchion v. Intensive Supervised Parole.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
May 01, 2003 ... U.S. District Court FREE SPEECH RETALIATION Forchion v. Intensive Supervised Parole, 240 F.Supp.2d 302 (D.N.J. 2003). A prisoner brought a civil rights action alleging that his removal from a state intensive supervision parole program was motivated by his ...
Kimberlin v. U.S. Dept. of Justice.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
May 01, 2003 ... U.S. Appeals Court MUSIC FREE SPEECH Kimberlin v. U.S. Dept. of Justice, 318 F.3d 228 (D.C.Cir. 2003). Prison inmates brought an action against the federal Bureau of Prisons (BOP) alleging that the BOP's ban on electric or electronic musical instruments, ...
Nusbaum v. Terrangi.(GOOD TIME)(Brief Article)
May 01, 2003 ... U.S. District Court EQUAL PROTECTION Nusbaum v. Terrangi, 210 F.Supp.2d 784 (E.D.Va. 2002). Inmates sued prison officials, claiming that conditioning good time credits on attending a "Therapeutic Community Program" that emphasized religion was a violation of the ...
Hock v. Thipedeau.(GRIEVANCE PROCEDURES, PRISONER)(violation of United States Constitution. 8th Amendment)(Brief Article)
May 01, 2003 ... U.S. District Court EXHAUSTION PLRA -- Prison Litigation Reform Act Hock v. Thipedeau, 238 F.Supp.2d 446 (D.Conn. 2002). A state inmate filed a [section] 1983 action against a prison official alleging her Eighth Amendment rights had been violated. A ...
Mitchell v. Horn.(GRIEVANCE PROCEDURES, PRISONER)(Brief Article)
May 01, 2003 ... U.S. Appeals Court EXHAUSTION PLRA -- Prison Litigation Reform Act Mitchell v. Horn, 318 F.3d 523 (3rd Cir. 2003). A state prisoner brought a pro se [section] 1983 action against a corrections officer and other prison officials, alleging that the officer ...
Santos v. Hauck.(grievance procedures)(Brief Article)
May 01, 2003 ... U.S. District Court EXHAUSTION Santos v. Hauck, 242 F.Supp.2d 257 (W.D.N.Y. 2003). A state inmate brought a [section] 1983 action against correctional officers, alleging various violations of his constitutional rights. The district court granted summary judgment in ...
Pannell v. McBride.(habeas corpus claim)(Brief Article)
May 01, 2003 ... U.S. Appeals Court DISCIPLINE Pannell v. McBride, 306 F.3d 499 (7th Cir. 2002). A state inmate sought federal habeas corpus relief after a prison conduct adjustment board found him guilty of possessing a deadly weapon. The district court denied the petition and the ...
Seehausen v. Van Buren.(habeas corpus claim )(Brief Article)
May 01, 2003 ... U.S. District Court DISCIPLINE Seehausen v. Van Buren, 243 F.Supp.2d 1165 (D.Or. 2002). A federal prisoner brought a habeas corpus claim challenging the imposition of discipline for phoning a former inmate who was on home confinement. The district court held that ...