Corrections Caselaw Quarterly articles from August 2002

Corrections Caselaw Quarterly archives from August 2002

1. Access to courts.
August 1, 2002... U.S. Appeals Court FILING FEES PLRA-Prison Litigation Reform Act Atchison v. Collins, 288 F.3d 177 (5th Cir.2002). An inmate filed a motion asking the federal court to compel a correction department to deduct no more than 20% of his monthly...

2. Administration.(Brief Article)
August 1, 2002... U.S. Appeals Court PLANNING Regional Economic Community v. City of Middletown, 294 F.3d 35 (2nd Cir. 2002). A community action program brought a suit under the Fair Housing Act, Americans with Disabilities Act (ADA) and the Rehabilitation...

3. Administrative segregation.
August 1, 2002... U.S. District Court DUE PROCESS CONDITIONS LIBERTY INTEREST Austin v. Wilkinson, 189 F.Supp.2d 719 (N.D.Ohio 2002). A class of current and former prisoners at a high maximum security prison brought a [section] 1983 action seeking injunctive...

4. Assessment of costs.
August 1, 2002... U.S. Appeals Court PLRA-Prison Litigation Reform Act COURT COSTS Atchison v. Collins, 288 F.3d 177 (5th Cir.2002). An inmate filed a motion asking the federal court to compel a correction department to deduct no more than 20% of his monthly...

7. Civil rights.
August 1, 2002... U.S. District Court CLASSIFICATION CONDITIONS DUE PROCESS Austin v. Wilkinson, 189 F.Supp.2d 719 (N.D.Ohio 2002). A class of current and former prisoners at a high maximum security prison brought a [section] 1983 action seeking injunctive...

8. Classification & separation.
August 1, 2002... U.S. District Court RECLASSIFICATION CUSTODY LEVEL DUE PROCESS Austin v. Wilkinson, 189 F.Supp.2d 719 (N.D.Ohio 2002). A class of current and former prisoners at a high maximum security prison brought a [section] 1983 action seeking...

9. Conditions of confinement.
August 1, 2002... U.S. District Court TEMPERATURE SMOKE EXERCISE SANITATION Caldwell v. District of Columbia, 201 F.Supp.2d 27 (D.D.C. 2001). An inmate filed a [section] 1983 action against the District of Columbia and several employees of its corrections...

10. Cruel and unusual punishment.
August 1, 2002... U.S. District Court SECURITY Austin v. Wilkinson, 189 F.Supp.2d 719 (N.D.Ohio 2002). A class of current and former prisoners at a high maximum ,security prison brought a [section] 1983 action seeking injunctive relief, alleging denial of...

11. Discipline.
August 1, 2002... U.S. D/strict Court DRUG TESTING Alexander v. Gilmore, 202 F.Supp.2d 478 (E.D.Va. 2002). Two prisoners, one a current prisoner and one a former prisoner, sued a prison and officials. The district court found that a prisoner's placement in...

12. Exercise and recreation.
August 1, 2002... U.S. District Court OUTDOOR EXERCISE Caldwell v. District of Columbia, 201 F.Supp.2d 27 (D.D.C. 2001). An inmate filed a [section] 1983 action against the District of Columbia and several employees of its corrections department, alleging...

13. Ex-offenders.
August 1, 2002... U.S. District Court CLAIMS Alexander v. Gilmore, 202 F.Supp.2d 478 (E.D.Va. 2002). Two prisoners, one a current prisoner and one a former prisoner, sued a prison and officials. The district court found that a prisoner's placement in...

14. Failure to protect.
August 1, 2002... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Cantu v. Jones, 293 F.3d 839 (5th Cir. 2002). A prison inmate who had been slashed with a razor by another inmate, brought a civil rights action to recover on a deliberate indifference theory...

15. Facilities.
August 1, 2002... U.S. District Court BEDS NOISE TEMPERATURE FURNISHINGS SANITATION Caldwell v. District of Columbia, 201 F.Supp.2d 27 (D.D.C. 2001). An inmate filed a [section] 1983 action against the District of Columbia and several employees of its...

16. Female prisoners.
August 1, 2002... U.S. Appeals Court SEARCHES Farmer v. Perrill, 288 F.3d 1254 (10th Cir. 2002). A female federal prisoner brought a civil rights action against prison officials, alleging Fourth Amendment violations arising from strip searches. The district...

18. Food.
August 1, 2002... U.S. Appeals Court RELIGIOUS DIET Beerheide v. Suthers, 286 F.3d 1179 (10th Cir. 2002). Three state prisoners who were Orthodox Jews brought a [section] 1983 action against prison officials based on the officials' failure to provide them...

19. Free speech, expression, assoc.
August 1, 2002... U.S. Appeals Court VISITS FAMILY FORMER PRISONERS Bazzetta v. McGinnis, 286 F.3d 311 (6th Cir. 2002). [Reversed by U.S. Supreme Court on June 16, 2003, in a unanimous decision.] A class of state prisoners and their prospective visitors...

20. Good time.
August 1, 2002... U.S. District Court GOOD TIME Hoskins v. McBride, 202 F.Supp.2d 839 (N.D.Ind. 2002). A state prisoner filed for a writ of habeas corpus, challenging revocation of earned good time credits and demotion in his credit time earning class,...

21. Grievance procedures, prisoner.
August 1, 2002... U.S. Appeals Court DUE PROCESS Lomholt v. Holder, 287 F.3d 683 (8th Cir. 2002). A prisoner appealed the district court's dismissal of his [section] 1983 action against prison officials. The appeals court affirmed in part and reversed in...

22. Habeas Corpus.
August 1, 2002... U.S. District Court DISCIPLINE GOOD TIME Hoskins v. McBride, 202 F.Supp.2d 839 (N.D.Ind. 2002). A state prisoner filed for a writ of habeas corpus, challenging revocation of earned good time credits and demotion in his credit time earning...

23. Hygiene-prisoner personal.
August 1, 2002... U.S. Appeals Court HYGIENE ITEMS Curtis v. Curtis, 37 Fed.Appx. 141 (6th Cir. 2002). A prison inmate brought a [section] 1983 action alleging that a prison officer had improperly denied him personal hygiene items. The district court granted...

24. Immunity.(Brief Article)
August 1, 2002... U.S. Appeals Court ELEVENTH AMENDMENT Kitchen v. Upshaw, 286 F.3d 179 (4th Cir. 2002). A former jail inmate brought a [section] 1983 action against a regional jail authority and jail officials, alleging violation of his due process rights...

25. Intake and admissions.
August 1, 2002... U.S. District Court SEARCHES Helton v. U.S., 191 F.Supp.2d 179 (D.D.C. 2002). Female arrestees brought an action under the Federal Tort Claims Act (FTCA) alleging that United States Marshals conducted unlawful searches and invasions of...

26. Juveniles.
August 1, 2002... No Cases.

27. Liability.
August 1, 2002... U.S. District Court FCA--False Claims Act Alexander v. Gilmore, 202 F.Supp.2d 478 (E.D.Va. 2002). Two prisoners, one a current prisoner and one a former prisoner, sued a prison and officials. The district court found that a prisoner's...

28. Mail.
August 1, 2002... U.S. Appeals Court CORRESPONDENCE-COURT PACKAGES MEDIA Brown v. Williams, 36 Fed.Appx. 361 (10th Cir. 2002). A state prisoner brought a pro se [section] 1983 action against prison officials, challenging the handling of his mail from his...

29. Medical care.
August 1, 2002... U.S. Appeals Court FAILURE TO PROVIDE CARE PRIVATE PROVIDER ADA-Americans with Disabilities Act ^^ Burke v.North Dakota Corrections and Rehabilit., 294 F.3d 1043 (8th Cir. 2002). An inmate brought a [section] 1983 action alleging that a...

30. Mental problems (prisoner).
August 1, 2002... U.S. Appeals Court ADEQUACY OF CARE Hallett v. Morgan, 287 F.3d 1193 (9th Cir. 2002). In a class action, female prisoners at a stat prison secured a consent decree that addressed health care concerns. The prisoners challenged the prison's...

31. Personnel.
August 1, 2002... U.S. Appeals Court TERMINATION PLRA-Prison Litigation Reform Act Coley v. Grant County, 36 Fed.Appx. 242 (9th Cir. 2002). A corrections officer who suffered from a hearing impairment and who had been terminated sued a county, alleging...

32. Pretrial detention.
August 1, 2002... U.S. District Court SEARCHES Helton v. U.S., 191 F.Supp,2d 179 (D.D.C. 2002). Female arrestees brought an action under the Federal Tort Claims Act (FTCA) alleging that United States Marshals conducted unlawful searches and invasions of...

33. Privacy.
August 1, 2002... U.S. Appeals Court MEDIA MAIL Brown v. Williams, 36 Fed.Appx. 361 (10th Cir. 2002). A state prisoner brought a pro se [section] 1983 action against prison officials, challenging the handling of his mail from his attorney and from a radio...

34. Programs-prisoner.
August 1, 2002... U.S. Appeals Court SEX OFFENDER RIGHT TO TREATMENT Leamer v. Fauver, 288 F.3d 532 (3rd Cir. 2002). A state prisoner filed a [section] 1983 action challenging his placement on a prison's restricted activities program (RAP). The district...

35. Property-prisoner personal.
August 1, 2002... U.S. Appeals Court DISPOSITION OF FUNDS Atchison v. Collins, 288 F.3d 177 (5th Cir. 2002). An inmate filed a motion asking the federal court to compel a correction department to deduct no more than 20% of his monthly income to pay for...

36. Release.
August 1, 2002... U.S. Appeals Court WORK RELEASE Kitchen v. Upshaw, 286 F.3d 179 (4th Cir. 2002). A former jail inmate brought a [section] 1983 action against a regional jail authority and jail officials, alleging violation of his due process rights when he...

37. Religion.
August 1, 2002... U.S. Appeals Court DIET Beerheide v. Suthers, 286 F.3d 1179 (10th Cir. 2002). Three state prisoners who were Orthodox Jews brought a [section] 1983 action against prison officials based on the officials' failure to provide them with free...

38. Rules & regulations-prisoner.
August 1, 2002... U.S. District Court DRUG TESTING Alexander v. Gilmore, 202 F.Supp.2d 478 (E.D.Va. 2002). Two prisoners, one a current prisoner and one a former prisoner, sued a prison and officials. The district court found that a prisoner's placement in...

39. Safety and security.
August 1, 2002... U.S. District Court FIRE SAFETY Derby Industries, Inc. v. Chestnut Ridge Foam, 202 F.Supp.2d 818 (N.D.Ind. 2002). A manufacturer of a mattress intended for use in prisons sued a competitor for false advertising. The district court denied...

40. Sanitation.
August 1, 2002... U.S. District Court HOUSEKEEPING PLUMBING SEWERAGE Caldwell v. District of Columbia, 201 F.Supp.2d 27 (D.D.C. 2001). An inmate filed a [section] 1983 action against the District of Columbia and several employees of its corrections...

41. Searches.
August 1, 2002... U.S. Appeals Court CELL SEARCH Carter v. McGrady, 292 F.3d 152 (3rd Cir. 2002). A state prison inmate brought a pro se [section] 1983 action against prison officials alleging he was unlawfully subjected to cell searches and disciplinary...

42. Services-prisoner.
August 1, 2002... U.S. Appeals Court COMMISSARY Love v. McKune, 33 Fed.Appx. 369 (10th Cir. 2002). Four prison inmates brought a civil rights action challenging their forced participation in a prison incentive level system that tied inmate privileges to...

43. Sentence.
August 1, 2002... U.S. Appeals Court FINES Higgins v. Beyer, 293 F.3d 683 (3rd Cir. 2002). A state inmate brought a pro se [section] 1988 action against prison officials and employees, alleging violation of his statutory and due process rights arising from...

45. Supervision.(Brief Article)
August 1, 2002... U.S. District Court STAFFING LEVELS Rapier v. Kankakee County, Ill., 203 F.Supp.2d 978 (C.D.Ill. 2002). The wife of a detainee who committed suicide while in jail filed a [section] 1983 suit individually, and as the special administrator of...

46. Training.(Brief Article)
August 1, 2002... U.S. District Court FAILURE TO TRAIN MEDICAL CARE MEDICAL SCREENING Smith v. Lejeune, 203 F.Supp.2d 1260 (D.Wyo. 2002). Following the death of her husband who had been detained at a county detention facility, a wife brought an action...

43. Transfers.
August 1, 2002... U.S. District Court LIBERTY INTEREST Fermin-Rodriguez v. Westchester County Jail Med., 191 F.Supp.2d 358 (S.D.N.Y. 2002). An inmate brought a pro se [section] 1983 action against county jail and federal law enforcement officials. The...

48. Use of force.
August 1, 2002... U.S. District Court EXCESSIVE FORCE Gallardo v.Dicarlo, 203 F.Supp.2d 1160 (C.D.Cal. 2002). A state prisoner brought a [section] 1983 action against a prison warden alleging Fifth Amendment and state law claims. The district court found...

49. Visiting.
August 1, 2002... U.S. Appeals Court CHILDREN LIBERTY INTEREST FORMER PRISONER RULES Bazzetta v. McGinnis, 286 F.3d 311 (6th Cir. 2002). [Reversed by U.S. Supreme Court on June 16, 2003, in a unanimous decision.] A class of state prisoners and their...

50. Work-prisoner.
August 1, 2002... U.S. District Court SLAVERY Bao Ge v. Li Peng. 201 F.Supp.2d 14 (D.D.C. 2000). Chinese citizens who were allegedly forced to perform slave labor in prison camps brought a proposed class action suit against Chinese government entities and...