Corrections Caselaw Quarterly back issues from August 2005:
Bell v. Johnson.
Aug 01, 2005 ... U.S. Appeals Court RETALIATION Bell v. Johnson, 404 F.3d 997 (6th Cir. 2005). A former state prisoner sued corrections officers, alleging that they had retaliated against him for filing a civil rights suit. The case was remanded by the appeals court. A jury verdict ...
Lashley v. Wakefield.(Lashley v. Wakefield, 367 F.Supp.2d 461)(Brief Article)
Aug 01, 2005 ... U.S. District Court LEGAL ASSISTANCE JAILHOUSE LAWYER RETALIATION Lashley v. Wakefield, 367 F.Supp.2d 461 (W.D.N.Y. 2005). A prison inmate sued officials claiming deprivation of his Eighth Amendment rights. The district court entered partial ...
Ngo v. Woodford.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court EXHAUSTION PLRA -- Prisoner Litigation Reform Act Ngo v. Woodford, 403 F.3d 620 (9th Cir. 2005). A state prisoner brought a [section] 1983 action, challenging restrictions on his participation in special programs. The district court ...
Nwaokocha v. Sadowski.(Nwaokocha v. Sadowski, 369 F.Supp.2d 362)(Brief Article)
Aug 01, 2005 ... U.S. District Court LEGAL MATERIAL Nwaokocha v. Sadowski, 369 F.Supp.2d 362 (E.D.N.Y. 2005). A federal prisoner brought a Federal Tort Claims Act (FTCA) and Bivens action challenging the conditions of his confinement and alleging the loss of personal items, including ...
Rhodes v. Robinson.(Rhodes v. Robinson, 408 F.3d 559)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court RETALIATION FOR LEGAL ACTION Rhodes v. Robinson, 408 F.3d 559 (9th Cir. 2005). A state prisoner brought a [section] 1983 action against prison officials, alleging that they retaliated against him for exercising his First Amendment rights to file ...
Sanchez-Ramos v. Sniezek.(Sanchez-Ramos v. Sniezek, 370 F.Supp.2d 652, Prison Litigation Reform Act of 1996)(Brief Article)
Aug 01, 2005 ... U.S. District Court EXHAUSTION PLRA -- Prisoner Litigation Reform Act Sanchez-Ramos v. Sniezek, 370 F.Supp.2d 652 (N.D.Ohio 2005). A federal prisoner brought a Bivens action against prison officials alleging he was assaulted by a corrections officer and ...
Shell v. Brzezniak.(Shell v. Brzezniak, 365 F.Supp.2d 362 )
Aug 01, 2005 ... U.S. District Court PRIVILEGED CORRESPONDENCE Shell v. Brzezniak, 365 F.Supp.2d 362 (W.D.N.Y. 2005). A prisoner filed a [section] 1983 action alleging that correctional officers violated his First and Eighth Amendment rights. After partial summary judgment was ...
Simkins v. Bruce.(Simkins v. Bruce, 406 F.3d 1239)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court PRIVILEGED CORRESPONDENCE TRANSFER Simkins v. Bruce, 406 F.3d 1239 (10th Cir. 2005). A prisoner brought a pro se [section] 1983 action alleging that corrections officials failed to forward his mail to him while he was temporarily housed ...
Thomas v. Barker.(Thomas v. Barker, 371 F.Supp.2d 636, Prison Litigation Reform Act of 1996)(Brief Article)
Aug 01, 2005 ... U.S. District Court FRIVOLOUS SUITS PLRA -- Prisoner Litigation Reform Act Thomas v. Barker, 371 F.Supp.2d 636 (M.D.Pa. 2005). A jail inmate brought a pro se civil rights suit seeking to challenge the propriety of charges of escape and other crimes. The ...
Thomsen v. Ross.(Thomsen v. Ross, 368 F.Supp.2d 961)(Brief Article)
Aug 01, 2005 ... U.S. District Court PRIVILEGED CORRESPONDENCE Thomsen v. Ross, 368 F.Supp.2d 961 (D.Minn. 2005). A detainee brought a [section] 1983 civil rights action against a county and county employees, alleging he was wrongfully strip searched and suffered a broken hand after ...
Torres v. Corrections Corp. of America.(Brief Article)
Aug 01, 2005 ... U.S. District Court EXHAUSTION PLRA -- Prisoner Litigation Reform Act Torres v. Corrections Corp. of America, 372 F.Supp.2d 1258 (N.D.Okla. 2005). A state prison inmate who was assaulted and battered by a prison officer brought a [section] 1983 action in ...
U.S. v. Basciano.(Brief Article)
Aug 01, 2005 ... U.S. District Court ACCESS TO ATTORNEY U.S. v. Basciano, 369 F.Supp.2d 344 (E.D.N.Y. 2005). A purported crime boss who was being held as a pretrial detainee petitioned for a writ of habeas corpus, challenging his detention in a restrictive special housing unit. The ...
U.S. v. Paige.(U.S. v. Paige, 369 F.Supp.2d 1257 )(Brief Article)
Aug 01, 2005 ... U.S. District Court EXHAUSTION U.S. v. Paige, 369 F.Supp.2d 1257 (D.Mont. 2005). A federal prisoner filed a habeas petition challenging the Bureau of Prisons (BOP) policy that precluded his placement in a community corrections center, as recommended by the sentencing ...
Calhoun v. Ramsey.(Calhoun v. Ramsey, 408 F.3d 375 )(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court POLICIES/PROCEDURES Calhoun v. Ramsey, 408 F.3d 375 (7th Cir. 2005). A former county jail inmate brought a [section] 1983 action against a sheriff and the county's medical care contractor, alleging deliberate indifference to his medical needs. The ...
Crow v. Montgomery.(Crow v. Montgomery, 403 F.3d 598 )(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court RECORDS Crow v. Montgomery, 403 F.3d 598 (8th Cir. 2005). A pretrial detainee brought a [section] 1983 and a [section] 1988 action against officials at a county detention center, alleging violations of the Fifth, Eighth and Fourteenth Amendments ....
Gilmore v. County of Douglas, State of Neb.(Gilmore v. County of Douglas, State of Neb., 406 F.3d 935)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court COMMISSION TELEPHONE COSTS Gilmore v. County of Douglas, State of Neb., 406 F.3d 935 (8th Cir. 2005). The relative of a former jail inmate brought a [section] 1983 action alleging that a 45% commission, paid to the county by the jail's ...
Davidson v. Murray.(Brief Article)
Aug 01, 2005 ... U.S. District Court TELEPHONE Davidson v. Murray, 371 F.Supp.2d 361 (W.D.N.Y. 2005). A state prisoner brought a [section] 1983 action against a state corrections department, officers and prison officials, alleging unconstitutional conditions of confinement during his ...
Gonzalez v. Narcato.(Gonzalez v. Narcato, 363 F.Supp.2d 486 )(Brief Article)
Aug 01, 2005 ... U.S. District Court PLACEMENT SEARCHES Gonzalez v. Narcato, 363 F.Supp.2d 486 (E.D.N.Y. 2005). An inmate brought a [section] 1983 action against prison officials, alleging violation of his First and Fourth Amendment rights. The district court granted ...
King v. Frank.(King v. Frank, 371 F.Supp.2d 977)(Brief Article)
Aug 01, 2005 ... U.S. District Court PRIVILEGES King v. Frank, 371 F.Supp.2d 977 (W.D.Wis. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging undue restrictions on telephone usage and access to written publications, improper cell ...
Lekas v. Briley.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court CONDITIONS Lekas v. Briley, 405 F.3d 602 (7th Cir. 2005). A state inmate sued several prison officials under [section] 1983, alleging constitutional violations stemming from his placement and confinement in disciplinary segregation. The district ...
U.S. v. Basciano.(U.S. v. Basciano, 369 F.Supp.2d 344)(Brief Article)
Aug 01, 2005 ... U.S. District Court LENGTH DUE PROCESS ACCESS TO COURTS U.S. v. Basciano, 369 F.Supp.2d 344 (E.D.N.Y. 2005). A purported crime boss who was being held as a pretrial detainee petitioned for a writ of habeas corpus, challenging his detention in a ...
Castellini v. Lappin.(ASSESSMENT OF COSTS)(Castellini v. Lappin, 365 F.Supp.2d 197 )(Brief Article)
Aug 01, 2005 ... U.S. District Court APA -- Administrative Procedures Act Castellini v. Lappin, 365 F.Supp.2d 197 (D.Mass. 2005). A federal prisoner sued the director of the federal Bureau of Prisons seeking a preliminary injunction to bar the termination of the "boot camp" shock ...
Slade v. Hampton Roads Regional Jail.(Slade v. Hampton Roads Regional Jail, 407 F.3d 243)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court DUE PROCESS COST OF CONFINEMENT PRETRIAL DETAINEE Slade v. Hampton Roads Regional Jail, 407 F.3d 243 (4th Cir. 2005). A pretrial detainee sued a jail, challenging the constitutionality of a one-dollar per day charge that was ...
5. Attorney fees.
Aug 01, 2005 ... No ...
U.S. v. Marcello.(U.S. v. Marcello, 370 F.Supp.2d 745)(Brief Article)
Aug 01, 2005 ... U.S. District Court PRETRIAL RELEASE VICTIM U.S. v. Marcello, 370 F.Supp.2d 745 (N.D.Ill. 2005). In a pretrial detention hearing, the government asked the court for permission to have the son of the murder victim offer an oral statement opposing the ...
Copeland v. County of Macon, Ill.(Copeland v. County of Macon, Ill., 403 F.3d 929)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court CONSPIRACY FAILURE TO PROTECT Copeland v. County of Macon, Ill., 403 F.3d 929 (7th Cir. 2005). A former pretrial detainee who had been beaten by another inmate sued a county seeking indemnification under the "scope of employment" ...
Doe v. Moore.(Doe v. Moore, 410 F.3d 1337)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court SEX OFFENDER CLASSIFICATION Doe v. Moore, 410 F.3d 1337 (11th Cir. 2005). Florida sex offenders filed a class action challenging the constitutionality of Florida's sex offender registration and notification scheme and its DNA collection ...
Gilmore v. County of Douglas, State of Neb.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court TELEPHONE COSTS Gilmore v. County of Douglas, State of Neb., 406 F.3d 935 (8th Cir. 2005). The relative of a former jail inmate brought a [section] 1983 action alleging that a 45% commission, paid to the county by the jail's telecommunications ...
Jackson v. Jamrog.(Jackson v. Jamrog, 411 F.3d 615)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court PAROLE VICTIMS Jackson v. Jamrog, 411 F.3d 615 (6th Cir. 2005). A state prisoner filed a petition for a writ of habeas corpus challenging the constitutionality of a Michigan statute that permits prosecutors and crime victims to appeal ...
Johnson v. Board of Police Com'rs.(Brief Article)
Aug 01, 2005 ... U.S. District Court FALSE IMPRISONMENT WORK Johnson v. Board of Police Com'rs, 370 F.Supp.2d 892 (E.D.Mo. 2005). Homeless persons brought a [section] 1983 action against a city police captain and a city, claiming that their Fourth, Thirteenth and ...
K.M. v. Alabama Dept. of Youth Services.(cases of sexual assault)(Brief Article)
Aug 01, 2005 ... U.S. District Court SEXUAL HARASSMENT K.M. v. Alabama Dept. of Youth Services, 360 F.Supp.2d 1253 (M.D.Ala. 2005). Former juvenile detainees sued the Alabama Department of Youth Services (DYS), a former DYS employee, and others under [section] 1983 and state law, ...
Phillips v. Gordich.(CIVIL RIGHTS)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court RACIAL DISCRIMINATION Phillips v. Gordich, 408 F.3d 124 (2nd Cir. 2005). An inmate brought a pro se civil rights action against several correctional officials. The district court dismissed the case and the inmate appealed. The appeals court vacated ...
Esmont v. City of New York.(Brief Article)
Aug 01, 2005 ... U.S. District Court SEPARATION Esmont v. City of New York, 371 F.Supp.2d 202 (E.D.N.Y. 2005). An arrestee filed a [section] 1983 action alleging that city health inspectors and police officers violated her constitutional rights during her arrest and detention for ...
King v. Frank.(Brief Article)
Aug 01, 2005 ... U.S. District Court PRIVILEGES King v. Frank, 371 F.Supp.2d 977 (W.D. Wis. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging undue restrictions on telephone usage and access to written publications, improper cell ...
McRoy v. Cook County Dept. of Corrections.(Brief Article)
Aug 01, 2005 ... U.S. District Court RELIGION McRoy v. Cook County Dept. of Corrections, 366 F.Supp.2d 662 (N.D.Ill. 2005). A Muslim inmate at a county correctional facility brought a civil rights action under [section] 1983, alleging that his opportunities to practice his faith were ...
Scarver v. Litscher.(Brief Article)
Aug 01, 2005 ... U.S. District Court ISOLATION Scarver v. Litscher, 371 F.Supp.2d 986 (W.D. Wis. 2005). A state prison inmate sued officials seeking damages for their alleged indifference to his illness and challenging his conditions of confinement. The district court entered ...
Scott v. Garcia.(Brief Article)
Aug 01, 2005 ... U.S. District Court TRANSFER Scott v. Garcia, 370 F.Supp.2d 1056 (S.D.Cal. 2005). An inmate brought a suit against a state corrections department alleging violation of the Americans with Disabilities Act (ADA), and against individual department employees for ...
Thomas v. Ferguson.(CONDITIONS OF CONFINEMENT)(Brief Article)
Aug 01, 2005 ... U.S. District Court USE OF FORCE Thomas v. Ferguson, 361 F.Supp.2d 435 (D.N.J. 2004). A state prison inmate sued prison officials, alleging that officers inflicted cruel and unusual punishment on him in violation of the Eighth Amendment during an altercation. The ...
Calhoun v. Thomas.(CONDITIONS OF CONFINEMENT)(Brief Article)
Aug 01, 2005 ... U.S. District Court FLOOR-SLEEPING USE OF FORCE Calhoun v. Thomas, 360 F.Supp.2d 1264 (M.D.Ala. 2005). A detainee brought a [section] 1983 action against a sheriff and deputy sheriff in their individual capacities, raising excessive force, deliberate ...
King v. Frank.(CONDITIONS OF CONFINEMENT)(Brief Article)
Aug 01, 2005 ... U.S. District Court LIGHTING King v. Frank, 371 F.Supp.2d 977 (W.D. Wis. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging undue restrictions on telephone usage and access to written publications, improper cell ...
Larson v. Kempker.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court SMOKE Larson v. Kempker, 405 F.3d 645 (8th Cir. 2005). A state inmate brought an action under [section] 1983 and the Prison Litigation Reform Act (PLRA), alleging that he was not adequately protected from exposure to second-hand cigarette smoke ...
Scarver v. Litscher.(CONDITIONS OF CONFINEMENT)(Brief Article)
Aug 01, 2005 ... U.S. District Court ISOLATION LIGHTING Scarver v. Litscher, 371 F.Supp.2d 986 (W.D.Wis. 2005). A state prison inmate sued officials seeking damages for their alleged indifference to his illness and challenging his conditions of confinement. The district ...
Talal v. White.(CONDITIONS OF CONFINEMENT)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court SMOKE VENTILATION Talal v. White, 403 F.3d 423 (6th Cir. 2005). An inmate brought an action against a state corrections department and individual officials alleging that his exposure to environmental tobacco smoke (ETS) violated his ...
King v. Frank.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
Aug 01, 2005 ... U.S. District Court LIGHTING King v. Frank, 371 F.Supp.2d 977 (W.D.Wis. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging undue restrictions on telephone usage and access to written publications, improper cell ...
Lekas v. Briley.(conditions of confinement)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court CONDITIONS OF SEGREGATION Lekas v. Briley, 405 F.3d 602 (7th Cir. 2005). A state inmate sued several prison officials under [section] 1983, alleging constitutional violations stemming from his placement and confinement in disciplinary segregation ....
Phelps v. Tucker.(civil rights action )(Brief Article)
Aug 01, 2005 ... U.S. District Court EVIDENCE DUE PROCESS Phelps v. Tucker, 370 F.Supp.2d 792 (N.D.Ind. 2005). A state prisoner brought a civil rights action against prison personnel alleging violating of his Fourteenth Amendment procedural due process rights. The ...
Rodriguez v. Briley.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court PUNISHMENT FOOD Rodriguez v. Briley, 403 F.3d 952 (7th Cir. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging that they refused to let him out of his cell for meals and showers because ...
Shell v. Brzezniak.(DISCIPLINE)(Brief Article)
Aug 01, 2005 ... U.S. District Court WITNESS Shell v. Brzezniak, 365 F.Supp. 2d 362 (W.D.N.Y. 2005). A prisoner filed a [section] 1983 action alleging that correctional officers violated his First and Eighth Amendment rights. After partial summary judgment was granted in favor of ...
Henderson v. Berge.(EXERCISE AND RECREATION)(Brief Article)
Aug 01, 2005 ... U.S. District Court TELEVISION Henderson v. Berge, 362 F.Supp.2d 1030 (W.D. Wis. 2005). A state prison inmate brought a [section] 1983 action against prison officials for the alleged violation of his rights under the First Amendment Establish Clause and the Religious ...
Bell v. Johnson.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court CLAIMS Bell v. Johnson, 404 F.3d 997 (6th Cir. 2005). A former state prisoner sued corrections officers, alleging that they had retaliated against him for filing a civil rights suit. The case was remanded by the appeals court. A jury verdict ...
Calhoun v. Ramsey.(medical care)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court CLAIMS Calhoun v. Ramsey, 408 F.3d 375 (7th Cir. 2005). A former county jail inmate brought a [section] 1983 action against a sheriff and the county's medical care contractor, alleging deliberate indifference to his medical needs. The district ...
Copeland v. County of Macon, Ill.(FAILURE TO PROTECT)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Copeland v. County of Macon, Ill., 403 F.3d 929 (7th Cir. 2005). A former pretrial detainee who had been beaten by another inmate sued a county seeking indemnification under the "scope of employment" provision of the ...
Crow v. Montgomery.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court PRISONER ON PRISONER ASSAULT STAFFING Crow v. Montgomery, 403 F.3d 598 (8th Cir. 2005). A pretrial detainee brought a [section] 1983 and a [section] 1988 action against officials at a county detention center, alleging violations of the ...
Gonzales v. Martinez.(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court SEXUAL ASSAULT Gonzales v. Martinez, 403 F.3d 1179 (10th Cir. 2005). A female inmate who was sexually assaulted at a county jail brought a civil rights action against the county, county sheriff and jail officials. The district court entered summary ...
K.M. v. Alabama Dept. of Youth Services.(cases of sexual harassment)(Brief Article)
Aug 01, 2005 ... U.S. District Court SEXUAL ASSAULT JUVENILES K.M. v. Alabama Dept. of Youth Services, 360 F.Supp.2d 1253 (M.D.Ala. 2005). Former juvenile detainees sued the Alabama Department of Youth Services (DYS), a former DYS employee, and others under [section] 1983 ...
Merrriweather v. Marion County Sheriff.(FAILURE TO PROTECT)(Brief Article)
Aug 01, 2005 ... U.S. District Court PRISONER ON PRISONER ASSAULT Merrriweather v. Marion County Sheriff, 368 F.Supp.2d 875 (S.D.Ind. 2005). A county jail detainee who was beaten and raped by fellow detainees sued a sheriff, claiming deprivation of his due process rights and ...
Orwat v. Maloney.(cases of prisoner abuse)(Brief Article)
Aug 01, 2005 ... U.S. District Court OFFICER ON PRISONER ASSAULT Orwat v. Maloney, 360 F.Supp.2d 146 (D.Mass. 2005). An inmate brought a [section] 1983 action against correctional officers and officials and a state corrections department, alleging violations of the First, Eighth and ...
Ziemba v. Rell.(class action lawsuits)(Brief Article)
Aug 01, 2005 ... U.S. Appeals Court SUICIDE Ziemba v. Rell, 409 F.3d 553 (2nd Cir. 2005). A prisoner brought a purported class action against correctional officials, alleging that the execution of another prisoner would violate his constitutional rights by increasing the risk that he ...
King v. Frank.(Brief Article)
Aug 01, 2005 ... U.S. District Court LIGHTS King v. Frank, 371 F.Supp.2d 977 (W.D.Wis. 2005). A state prison inmate brought a [section] 1983 action against corrections officials, alleging undue restrictions on telephone usage and access to written publications, improper cell ...
Scarver v. Litscher.(Brief Article)
Aug 01, 2005 ... U.S. District Court LIGHTS WINDOWS Scarver v. Litscher, 371 F.Supp.2d 986 (W.D.Wis. 2005). A state prison inmate sued officials seeking damages for their alleged indifference to his illness and challenging his conditions of confinement. The district court ...
16. False imprisonment/arrest.
Aug 01, 2005 ... No ...
Atkins v. County of Orange.(FEMALE PRISONERS)
Aug 01, 2005 ... U.S. District Court MEDICAL CARE RESTRAINTS HYGIENE Atkins v. County of Orange, 372 F.Supp.2d 377 (S.D.N.Y. 2005). Jail inmates brought a [section] 1983 action against a county and corrections officers, alleging indifference to their mental ...
Esmont v. City of New York.(right of privacy)(Brief Article)
Aug 01, 2005 ... U.S. District Court RESTRAINTS PRIVACY Esmont v. City of New York, 371 F.Supp.2d 202 (E.D.N.Y. 2005). An arrestee filed a [section] 1983 action alleging that city health inspectors and police officers violated her constitutional rights during her arrest ...
K.M. v. Alabama Dept. of Youth Services.(FEMALE PRISONERS)(Brief Article)
Aug 01, 2005 ... U.S. District Court SEXUAL ASSAULT K.M. v. Alabama Dept. of Youth Services, 360 F.Supp.2d 1253 (M.D.Ala. 2005). Former juvenile detainees sued the Alabama Department of Youth Services (DYS), a former DYS employee, and others under [section] 1983 and state law, ...
Atkins v. County of Orange.(Brief Article)
Aug 01, 2005 ... U.S. District Court SERVING Atkins v. County of Orange, 372 F.Supp.2d 377 (S.D.N.Y. 2005). Jail inmates brought a [section] 1983 action against a county and corrections officers, alleging indifference to their mental health needs and mistreatment. The defendants ...