Corrections Caselaw Quarterly back issues from August 2004:
Hernandez v. Goord.(retaliation)(Brief Article)
Aug 01, 2004 ... U.S. District Court RETALIATION FOR LEGAL ACTION Hernandez v. Goord, 312 F.Supp.2d 537 (S.D.N.Y. 2004). An inmate brought a pro se civil rights action against state prison employees and the employees moved to dismiss the complaint for failure to provide a short and ...
Moore v. Bachmeier.(filing fees)(Brief Article)
Aug 01, 2004 ... U.S. District Court PLRA -- Prison Litigation Reform Act FILING FEE Moore v. Bachmeier, 315 F.Supp.2d 1029 (D.N.D. 2004). A pro se prisoner sued prison officials under [section] 1983 and the district court granted the prisoner's request to proceed in forma ...
Rodriguez v. Westchester County Jail Correctional.(exhaustion of administrative remedies)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court EXHAUSTION PLRA -- Prison Litigation Reform Act Rodriguez v. Westchester County Jail Correctional, 372 F.3d 485 (2nd Cir. 2004). A state prisoner brought a pro se [section] 1983 action alleging deliberate indifference to his serious ...
2. Administration.
Aug 01, 2004 ... No ...
Austin v. Wilkinson.(prisoner sues prison officials for violating their due process rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court PLACEMENT DUE PROCESS CONDITIONS Austin v. Wilkinson, 372 F.3d 346 (6th Cir. 2004). State inmates housed at a supermaximum security prison facility brought a class action against corrections officials under [section] 1983, ...
Moore v. Bachmeier.(prisoner sues prison officials)(Brief Article)
Aug 01, 2004 ... U.S. District Court COURT COSTS Moore v. Bachmeier, 315 F.Supp.2d 1029 (D.N.D. 2004). A pro se prisoner sued prison officials under [section] 1983 and the district court granted the prisoner's request to proceed in forma pauperis, but ordered the prisoner to pay ...
5. Attorney fees.
Aug 01, 2004 ... No ...
Shokeh v. Thompson.(bail )(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court ALIEN BOND Shokeh v. Thompson, 369 F.3d 865 (5th Cir. 2004). An alien who was a lawful permanent resident became the subject of a final order of removal. The Immigration and Naturalization Service (INS) authorized him to be released ...
Donhauser v. Goord.(civil rights suit)(Brief Article)
Aug 01, 2004 ... U.S. District Court SELF-INCRIMINATION SEX OFFENDER Donhauser v. Goord, 314 F.Supp.2d 119 (N.D.N.Y. 2004). A state inmate brought a pro se [section] 1983 action alleging violations of his privilege against self-incrimination, due process, equal protection, ...
Donhauser v. Goord.(civil rights suit)(Brief Article)
Aug 01, 2004 ... U.S. District Court SEX OFFENDER SELF-INCRIMINATION Donhauser v. Goord, 314 F.Supp.2d 139 (N.D.N.Y. 2004). A state prisoner inmate brought a pro se civil rights action seeking declaratory, injunctive and monetary relief. The district court held that the ...
Hernandez v. Goord.(prisoner sues prison employees for conspiracy)(Brief Article)
Aug 01, 2004 ... U.S. District Court CONSPIRACY Hernandez v. Goord, 312 F.Supp.2d 537 (S.D.N.Y. 2004). An inmate brought a pro se civil rights action against state prison employees and the employees moved to dismiss the complaint for failure to provide a short and plain statement of ...
Walker v. Gomez.(racial discrimination lawsuit filed by black prisoner)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court RACIAL DISCIMINATION Walker v. Gomez, 370 F.3d 969 (9th Cir. 2004). A Black state prisoner brought a suit under [section] 1983 against state defendants, claiming he was denied equal protection because, during three prison lockdowns, he was not ...
Austin v. Wilkinson.(inmates files class action lawsuit against corrections officials of violating their due process rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court CUSTODY LEVEL DUE PROCESS Austin v. Wilkinson, 372 F.3d 346 (6th Cir. 2004). State inmates housed at a supermaximum security prison facility brought a class action against corrections officials under [section] 1983, alleging violations ...
Johnson v. Pearson.(prisoner sues prison officials for violating his 8th amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court SMOKING Johnson v. Pearson, 316 F.Supp.2d 307 (E.D.Va. 2004). A prisoner brought a civil rights action under [section] 1983 against state prison officials, alleging that they acted with deliberate indifference to his risk of medical harm when they ...
Kritenbrink v. Crawford.(classification of sex offenders)(Brief Article)
Aug 01, 2004 ... U.S. District Court SEX OFFENDER DUE PROCESS Kritenbrink v. Crawford, 313 F.Supp.2d 1043 (D.Nev. 2004). Former and current state inmates filed [section] 1983 actions alleging that the state provided no adequate due process procedures for them to challenge ...
Scott v. Federal Bureau of Prisons.(prisoner files habeas corpus petition )(Brief Article)
Aug 01, 2004 ... U.S. District Court CUSTODY LEVEL Scott v. Federal Bureau of Prisons, 317 F.Supp.2d 529 (D.N.J. 2004). A prisoner who had filed a habeas corpus petition filed a motion for injunctive relief to compel the federal Bureau of Prisons (BOP) to make a determination of his ...
Austin v. Wilkinson.(prisoner sues prison officials of violating due process rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court CLASSIFICATION ISOLATION LEGAL ASSISTANCE EXERCISE Austin v. Wilkinson, 372 F.3d 346 (6th Cir. 2004). State inmates housed at a supermaximum security prison facility brought a class action against corrections ...
Davidson v. Conway.(prisoner complains pertaining to his conditions of confinement)(Brief Article)
Aug 01, 2004 ... U.S. District Court LAUNDRY Davidson v. Conway, 318 F.Supp.2d 60 (W.D.N.Y. 2004). A prisoner moved to amend his [section] 1983 complaint to add additional defendants and to add two causes of action pertaining to his conditions of confinement. The district court ...
Reynolds v. Powell.(prisoner brought an action alleging conditions of confinement)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court SHOWERS SAFETY Reynolds v. Powell, 370 F.3d 1028 (10th Cir. 2004). A state inmate brought a pro se [section] 1983 action alleging that he was subjected to cruel and unusual punishment by being exposed to a hazardous condition in the ...
Smith v. Barber.(high school students alleges county officials for violating their Fourth and Eight Amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court JUVENILES Smith v. Barber, 316 F.Supp.2d 992 (D.Kan. 2004). Five high school students who were arrested for plotting an armed attack on a school sued city and county officials under [section] 1983, alleging violations of the Fourth Amendment ...
Johnson v. Pearson.(prisoner alleges prison officals for violating his 8th amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court SMOKING Johnson v. Pearson, 316 F.Supp.2d 307 (E.D. Va. 2004). A prisoner brought a civil rights action under [section] 1983 against state prison officials, alleging that they acted with deliberate indifference to his risk of medical harm when ...
Tilmon v. Prator.(prisoner alleges due process violations )(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court PRETRIAL DETAINEES Tilmon v. Prator, 368 F.3d 521 (5th Cir. 2004). A prisoner brought a civil rights action alleging due process violations in connection with prison disciplinary proceedings. The district court dismissed the action for failure to ...
Smith v. Barber.(high school students sues county officials for violations of Fourth and Eighth Amendment )(Brief Article)
Aug 01, 2004 ... U.S. District Court OUTDOOR RECREATION Smith v. Barber, 316 F.Supp.2d 992 (D.Kan. 2004). Five high school students who were arrested for plotting an armed attack on a school sued city and county officials under [section] 1983, alleging violations of the Fourth ...
Chavis v. Struebel.(former inmate sues prison officials for filing false disciplinary report against them)(Brief Article)
Aug 01, 2004 ... U.S. District Court CLAIMS Chavis v. Struebel, 317 F.Supp.2d 232 (W.D.N.Y. 2004). A former state inmate filed a [section] 1983 action claiming that prison officials confiscated his legal materials, retaliated against him for filing a grievance and filed a false ...
Kritenbrink v. Crawford.(inmates alleges state of failure to provide no adequate due process procedures)(Brief Article)
Aug 01, 2004 ... U.S. District Court SEX OFFENDER Kritenbrink v. Crawford, 313 F.Supp.2d 1043 (D.Nev. 2004). Former and current state inmates filed [section] 1983 actions alleging that the state provided no adequate due process procedures for them to challenge their classification as ...
Hammond v. Gordon County.(female inmates alleges male officers of violating their Eighth Amendment rights)
Aug 01, 2004 ... U.S. District Court OFFICER ON PRISONER ASSAULT Hammond v. Gordon County, 316 F.Supp.2d 1262 (N.D.Ga. 2002). Female former county jail inmates sued county officials and officers, claiming they were subjected to cruel and unusual punishment in violation of the Eighth ...
Nei v. Dooley.(prisoners sues prison officials for violating 8th amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Nei v. Dooley, 372 F.3d 1003 (8th Cir. 2004). Inmates brought a civil rights action against a warden and other prison officials claiming that their Eighth Amendment rights were violated by exposure to an HIV-positive ...
Parrish Ex Rel Lee v. Cleveland.(dead prisoners estate sues police officers for deliberately indifference)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court TRANSPORTATION PROTECTION FROM HARM Parrish Ex Rel Lee v. Cleveland, 372 F.3d 294 (4th Cir. 2004). The personal representative of the estate of an arrestee who died in police custody sued police officers, alleging they were deliberately ...
Yoder v. Ryan.(inmates alleges conspiracy)(Brief Article)
Aug 01, 2004 ... U.S. District Court PRISONER ON PRISONER ASSAULT Yoder v. Ryan, 318 F.Supp.2d 601 (N.D.Ill. 2004). A state inmate and his family members brought an action alleging conspiracy to wrongfully imprison the inmate. The ...
Hadix v. Johnson.(prisoners files class action on their conditions of confinement)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court FIRE SAFETY Hadix v. Johnson, 367 F.3d 513 (6th Cir. 2004). State inmates filed a class action under [section] 1983 alleging that their conditions of confinement violated their constitutional rights. Their claims were settled by a consent decree ....
Kingsland v. City of Miami.(arrestee files false arrest and malicious prosecution lawsuit against arresting officers)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court FALSE IMPRISONMENT FALSE ARREST Kingsland v. City of Miami, 369 F.3d 1210 (11th Cir. 2004). A defendant arrested for driving under the influence of marijuana brought a [section] 1983 action against the arresting officers, alleging false ...
Hammond v. Gordon County.(female inmates sues county officials and officers for sexual assault)
Aug 01, 2004 ... U.S. District Court SEXUAL ASSAULT SEXUAL HARASSMENT Hammond v. Gordon County, 316 F.Supp.2d 1262 (N.D.Ga. 2002). Female former county jail inmates sued county officials and officers, claiming they were subjected to cruel and unusual punishment in ...
Victoria W. v. Larpenter.(women prisoner challenges and complains of prison policy to obtain court order for elective abortion )(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court ABORTION Victoria W. v. Larpenter, 369 F.3d 475 (5th Cir. 2004). A female prisoner brought a civil rights action challenging a prison's policy of requiring her to obtain a court order if she wanted to receive an elective abortion The district court ...
Ephraim v. Angelone.(prisoner alleges violation of his constitutional rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court RELIGIOUS DIET Ephraim v. Angelone, 313 F.Supp.2d 569 (E.D.Va. 2003). A state prison inmate who was a Charismatic Christian brought a suit claiming that a prison violated his constitutional rights by failing to use his new religiously-inspired ...
Page v. Kirby.(provided food and medical services at prison)(Brief Article)
Aug 01, 2004 ... U.S. District Court PRIVATE PROVIDER Page v. Kirby, 314 F.Supp.2d 619 (N.D.W.Va. 2004). A state inmate filed a [section] 1983 action challenging his conditions of confinement. The district court dismissed the complaint, finding that private corporations ...
Ephraim v. Angelone.(prisoner alleges violation of his constitutional rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court NAME Ephraim v. Angelone, 313 F.Supp.2d 569 (E.D.Va. 2003). A state prison inmate who was a Charismatic Christian brought a suit claiming that a prison violated his constitutional rights by failing to use his new religiously-inspired name and to ...
Cline v. Fox.(prisoner alleges Department of Corrections violates First and Fourteenth Amendments violates the First and Fourteenth Amendments West Virginia)(Brief Article)
Aug 01, 2004 ... U.S. District Court BOOKS OBSCENITY Cline v. Fox, 319 F.Supp.2d 685 (N.D.W.Va. 2004). A federal district court determined that a West Virginia Department of Corrections policy that prohibits inmates from receiving or possessing obscene material was not ...
Freeman v. Texas Dept. of Criminal Justice.(prisoner alleges justice department of violation of Free Exercise and Equal Protection Clauses)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court RETALIATION RELIGION Freeman v. Texas Dept. of Criminal Justice, 369 F.3d 854 (5th Cir. 2004). Inmates brought a class action alleging that the Texas Department of Criminal Justice (TDCJ) failed to provide them with adequate ...
Hale v. Scott.(prisoner alleges retaliation and violation of his First Amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court RETALIATION Hale v. Scott, 371 F.3d 917 (7th Cir. 2004). A state inmate filed a [section] 1983 action alleging retaliation for exercise of his First Amendment rights, for exercising his right of access to court, and for helping others exercise ...
Murphy v. Missouri Dept. of Corrections.(prisoner alleges violation of first amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court OBSCENITY Murphy v. Missouri Dept. of Corrections, 372 F.3d 979 (8th Cir. 2004). A prisoner brought an action under [section] 1983 and under the Religious Land Use and Institutionalized Persons Act (RLUIPA), alleging that he was improperly denied ...
Ortiz v. Fort Dodge Correctional Facility.(prisoner challenges a policy which prohibits him from writing letters to family members in Spanish)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court LANGUAGE Ortiz v. Fort Dodge Correctional Facility, 368 F.3d 1024 (8th Cir. 2004). A state prisoner sued a prison and a unit manager, challenging a policy that prohibited him from writing letters to family members in Spanish. The district court ...
Donhauser v. Goord.(prisoner broughts violations of his due process, equal protection, and privacy rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court GOOD TIME CREDIT Donhauser v. Goord, 314 F.Supp.2d 119 (N.D.N.Y. 2004). A state inmate brought a pro se [section] 1983 action alleging violations of his privilege against self-incrimination, due process, equal protection, and privacy rights. The ...
Chavis v. Struebel.(prisoner alleges prison officials of retaliation)(Brief Article)
Aug 01, 2004 ... U.S. District Court RETALIATION Chavis v. Struebel, 317 F.Supp.2d 232 (W.D.N.Y. 2004). A former state inmate filed a [section] 1983 action claiming that prison officials confiscated his legal materials, retaliated against him for filing a grievance and filed a false ...
U.S. v. Rios-Flores.(prisoner moved to dismiss an indictment against him for possession )(Brief Article)
Aug 01, 2004 ... U.S. District Court PRIVATE OPERATOR U.S. v. Rios-Flores, 318 F.Supp.2d 452 (W.D.Tex. 2003). An inmate in a privately owned and operated jail moved to dismiss an indictment against him for possession of a prohibited item in a federal prison. The district court ...
Kane v. Winn.(prisoner files petition for habeas corpus relief)(Brief Article)
Aug 01, 2004 ... U.S. District Court MEDICAL CARE Kane v. Winn, 319 F.Supp.2d 162 (D.Mass. 2004). A federal prisoner filed a petition for habeas corpus relief, alleging that prison staff improperly denied him proper medical care in violation of the federal Bureau of Prisons (BOP) ...
Scott v. Federal Bureau of Prisons.(prisoner files a motion for injunctive relief)(Brief Article)
Aug 01, 2004 ... U.S. District Court TRANSFER Scott v. Federal Bureau of Prisons, 317 F.Supp.2d 529 (D.N.J. 2004). A prisoner who had filed a habeas corpus petition filed a motion for injunctive relief to compel the federal Bureau of Prisons (BOP) to make a determination of his ...
24. Immunity.
Aug 01, 2004 ... No ...
25. Intake and admissions.
Aug 01, 2004 ... No ...
A.M. v. Luzerne County Juvenile Detention Center.(juvenile detainee sues county officials for deliberate indifference)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court MEDICAL CARE FAILURE TO PROVIDE CARE A.M. v. Luzerne County Juvenile Detention Center, 372 F.3d 572 (3rd Cir. 2004). A juvenile detainee, by and through his mother, sued a county juvenile detention center and county officials alleging ...
Smith v. Barber.(arrested high school students sues county officials for violating their 4th and 8th amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. District Court CONDITIONS Smith v. Barber, 316 F.Supp.2d 992 (D.Kan. 2004). Five high school students who were arrested for plotting an armed attack on a school sued city and county officials under [section] 1983, alleging violations of the Fourth Amendment ...
Austin v. Wilkinson.(inmates sues correction officials for violating their due process rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court INJUNCTIVE RELIEF CLASS ACTION PLRA -- Prison Litigation Reform Act Austin v. Wilkinson, 372 F.3d 346 (6th Cir. 2004). State inmates housed at a supermaximum security prison facility brought a class action against corrections ...
Donhauser v. Goord.(prisoner seeking declaratory, injunctive and monetary relief)(Brief Article)
Aug 01, 2004 ... U.S. District Court INJUNCTIVE RELIEF Donhauser v. Goord, 314 F.Supp.2d 139 (N.D.N.Y. 2004). A state prisoner inmate brought a pro se civil rights action seeking declaratory, injunctive and monetary relief. The district court held that the inmate's allegations ...
Guerra v. Drake.(prisoner files civil rights action against correction officers seeking damages)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court DAMAGES Guerra v. Drake, 371 F.3d 404 (8th Cir. 2004). A pretrial detainee brought civil rights claims seeking damages from correctional officers, alleging they used excessive force and left him in a "restraint" chair for prolonged periods. The ...
Hadix v. Johnson.(prisoner alleges violation of 8th amendment rights)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court CONSENT DECREE-TERMINATION Hadix v. Johnson, 367 F.3d 513 (6th Cir. 2004). State inmates filed a class action under [section] 1983 alleging that their conditions of confinement violated their constitutional rights. Their claims were settled by a ...
Hernandez v. Goord.(inmate alleges prison officials of conspiracy)(Brief Article)
Aug 01, 2004 ... U.S. District Court QUALIFIED IMMUNITY SUPERVISORY LIABILITY Hernandez v. Goord, 312 F.Supp.2d 537 (S.D.N.Y. 2004). An inmate brought a pro se civil rights action against state prison employees and the employees moved to dismiss the complaint for failure ...
Woodward v. Correctional Medical Services.(mental health service contractor faces legal liability for suicide in a jail)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court PUNITIVE DAMAGES Woodward v. Correctional Medical Services, 368 F.3d 917 (7th Cir. 2004). The administratrix of the estate of a pretrial detainee who had committed suicide in a county jail brought a [section] 1983 action against a private ...
Nash v. McGinnis.(prisoner seeking injunctive relief)(Brief Article)
Aug 01, 2004 ... U.S. District Court INTERFERENCE Nash v. McGinnis, 315 F.Supp.2d 318 (W.D.N.Y. 2004). A prisoner filed a suit seeking injunctive relief in his civil rights action against prison officials and prison employees. The district court held that the prisoner's allegations ...
Hartsfield v. Colburn.(prisoner alleges correction officials for deliberate indifference)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court DENTAL CARE DELIBERATE INDIFFERENCE Hartsfield v. Colburn, 371 F.3d 454 (8th Cir. 2004). A pretrial detainee brought a [section] 1983 action asserting that jail personnel were deliberately indifferent to his medical needs. The district ...
Johnson v. Pearson.(prisoner alleges prison officials of deliberate indifference)(Brief Article)
Aug 01, 2004 ... U.S. District Court SMOKE Johnson v. Pearson, 316 F.Supp.2d 307 (E.D.Va. 2004). A prisoner brought a civil rights action under [section] 1983 against state prison officials, alleging that they acted with deliberate indifference to his risk of medical harm when they ...
Kane v. Winn.(federal prisoner alleges violation of Bureau of Prisons regulations and inadequate medical care)(Brief Article)
Aug 01, 2004 ... U.S. District Court CONTAGIOUS DISEASES Kane v. Winn, 319 F.Supp.2d 162 (D.Mass. 2004). A federal prisoner filed a petition for habeas corpus relief, alleging that prison staff improperly denied him proper medical care in violation of the federal Bureau of Prisons ...
Martino v. Miller.(prisoner alleges physicians of medical malpractice)(Brief Article)
Aug 01, 2004 ... U.S. District Court NEGLIGENCE Martino v. Miller, 318 F.Supp.2d 63 (W.D.N.Y. 2004). A pro se state prisoner brought a [section] 1983 action against physicians and non-physician supervisory personnel at a county medical center. The district court dismissed the action, ...
Woodward v. Correctional Medical Services.(ental health service contractor's employee's lack of training and carelessness caused a prisoners suicidal behavior)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court SUICIDE TRAINING DELIBERATE INDIFFERENCE Woodward v. Correctional Medical Services, 368 F.3d 917 (7th Cir. 2004). The administratrix of the estate of a pretrial detainee who had committed suicide in a county jail brought a ...
Woodward v. Correctional Medical Services.(private mental health service contractor's employee's lack of training and carelessness caused prisoner suicide)(Brief Article)
Aug 01, 2004 ... U.S. Appeals Court SUICIDE Woodward v. Correctional Medical Services, 368 F.3d 917 (7th Cir. 2004). The administratrix of the estate of a pretrial detainee who had committed suicide in a county jail brought a [section] 1983 action against a private contractor hired ...
Allegheny County Prison Emp. v. County of Allegh.(county jail employees alleges employee search policy)(Brief Article)
Aug 01, 2004 ... U.S. District Court SEARCHES Allegheny County Prison Emp. v. County of Allegh., 315 F.Supp.2d 728 (W.D.Pa. 2004). Employees at a county jail brought a suit challenging its employee search policy, which involved random pat-down searches by same sex employees of all ...
Piscottano v. Murphy.(state corrections officers sues prison officials)(Brief Article)
Aug 01, 2004 ... U.S. District Court DISCIPLINE FREE SPEECH ASSOCIATION Piscottano v. Murphy, 317 F.Supp.2d 97 (D.Conn. 2004). State corrections officers filed a [section] 1983 action alleging that prison officials disciplined them in violation of their First ...