Corrections Caselaw Quarterly articles from August 2004

Corrections Caselaw Quarterly archives from August 2004

Hernandez v. Goord.(retaliation)(Brief Article)
August 1, 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...

Moore v. Bachmeier.(filing fees)(Brief Article)
August 1, 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...

Rodriguez v. Westchester County Jail Correctional.(exhaustion of administrative remedies)(Brief Article)
August 1, 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...

2. Administration.
August 1, 2004... No Cases.

Austin v. Wilkinson.(prisoner sues prison officials for violating their due process rights)(Brief Article)
August 1, 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...

Moore v. Bachmeier.(prisoner sues prison officials)(Brief Article)
August 1, 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...

5. Attorney fees.
August 1, 2004... No Cases.

Shokeh v. Thompson.(bail )(Brief Article)
August 1, 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)...

Donhauser v. Goord.(civil rights suit)(Brief Article)
August 1, 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...

Donhauser v. Goord.(civil rights suit)(Brief Article)
August 1, 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...

Hernandez v. Goord.(prisoner sues prison employees for conspiracy)(Brief Article)
August 1, 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...

Walker v. Gomez.(racial discrimination lawsuit filed by black prisoner)(Brief Article)
August 1, 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...

Austin v. Wilkinson.(inmates files class action lawsuit against corrections officials of violating their due process rights)(Brief Article)
August 1, 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]...

Johnson v. Pearson.(prisoner sues prison officials for violating his 8th amendment rights)(Brief Article)
August 1, 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...

Kritenbrink v. Crawford.(classification of sex offenders)(Brief Article)
August 1, 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...

Scott v. Federal Bureau of Prisons.(prisoner files habeas corpus petition )(Brief Article)
August 1, 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)...

Austin v. Wilkinson.(prisoner sues prison officials of violating due process rights)(Brief Article)
August 1, 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...

Davidson v. Conway.(prisoner complains pertaining to his conditions of confinement)(Brief Article)
August 1, 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...

Reynolds v. Powell.(prisoner brought an action alleging conditions of confinement)(Brief Article)
August 1, 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...

Smith v. Barber.(high school students alleges county officials for violating their Fourth and Eight Amendment rights)(Brief Article)
August 1, 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...

Johnson v. Pearson.(prisoner alleges prison officals for violating his 8th amendment rights)(Brief Article)
August 1, 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...

Tilmon v. Prator.(prisoner alleges due process violations )(Brief Article)
August 1, 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...

Smith v. Barber.(high school students sues county officials for violations of Fourth and Eighth Amendment )(Brief Article)
August 1, 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...

Chavis v. Struebel.(former inmate sues prison officials for filing false disciplinary report against them)(Brief Article)
August 1, 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...

Kritenbrink v. Crawford.(inmates alleges state of failure to provide no adequate due process procedures)(Brief Article)
August 1, 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...

Hammond v. Gordon County.(female inmates alleges male officers of violating their Eighth Amendment rights)
August 1, 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...

Nei v. Dooley.(prisoners sues prison officials for violating 8th amendment rights)(Brief Article)
August 1, 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...

Parrish Ex Rel Lee v. Cleveland.(dead prisoners estate sues police officers for deliberately indifference)(Brief Article)
August 1, 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,...

Yoder v. Ryan.(inmates alleges conspiracy)(Brief Article)
August 1, 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 district court held...

Hadix v. Johnson.(prisoners files class action on their conditions of confinement)(Brief Article)
August 1, 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...

Kingsland v. City of Miami.(arrestee files false arrest and malicious prosecution lawsuit against arresting officers)(Brief Article)
August 1, 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...

Hammond v. Gordon County.(female inmates sues county officials and officers for sexual assault)
August 1, 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...

Victoria W. v. Larpenter.(women prisoner challenges and complains of prison policy to obtain court order for elective abortion )(Brief Article)
August 1, 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...

Ephraim v. Angelone.(prisoner alleges violation of his constitutional rights)(Brief Article)
August 1, 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...

Page v. Kirby.(provided food and medical services at prison)(Brief Article)
August 1, 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...

Ephraim v. Angelone.(prisoner alleges violation of his constitutional rights)(Brief Article)
August 1, 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...

Cline v. Fox.(prisoner alleges Department of Corrections violates First and Fourteenth Amendments violates the First and Fourteenth Amendments West Virginia)(Brief Article)
August 1, 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...

Freeman v. Texas Dept. of Criminal Justice.(prisoner alleges justice department of violation of Free Exercise and Equal Protection Clauses)(Brief Article)
August 1, 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...

Hale v. Scott.(prisoner alleges retaliation and violation of his First Amendment rights)(Brief Article)
August 1, 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...

Murphy v. Missouri Dept. of Corrections.(prisoner alleges violation of first amendment rights)(Brief Article)
August 1, 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...

Ortiz v. Fort Dodge Correctional Facility.(prisoner challenges a policy which prohibits him from writing letters to family members in Spanish)(Brief Article)
August 1, 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...

Donhauser v. Goord.(prisoner broughts violations of his due process, equal protection, and privacy rights)(Brief Article)
August 1, 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...

Chavis v. Struebel.(prisoner alleges prison officials of retaliation)(Brief Article)
August 1, 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...

U.S. v. Rios-Flores.(prisoner moved to dismiss an indictment against him for possession )(Brief Article)
August 1, 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...

Kane v. Winn.(prisoner files petition for habeas corpus relief)(Brief Article)
August 1, 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...

Scott v. Federal Bureau of Prisons.(prisoner files a motion for injunctive relief)(Brief Article)
August 1, 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...

24. Immunity.
August 1, 2004... No Cases.

25. Intake and admissions.
August 1, 2004... No Cases.

A.M. v. Luzerne County Juvenile Detention Center.(juvenile detainee sues county officials for deliberate indifference)(Brief Article)
August 1, 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...

Smith v. Barber.(arrested high school students sues county officials for violating their 4th and 8th amendment rights)(Brief Article)
August 1, 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...

Austin v. Wilkinson.(inmates sues correction officials for violating their due process rights)(Brief Article)
August 1, 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...

Donhauser v. Goord.(prisoner seeking declaratory, injunctive and monetary relief)(Brief Article)
August 1, 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...

Guerra v. Drake.(prisoner files civil rights action against correction officers seeking damages)(Brief Article)
August 1, 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"...

Hadix v. Johnson.(prisoner alleges violation of 8th amendment rights)(Brief Article)
August 1, 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....

Hernandez v. Goord.(inmate alleges prison officials of conspiracy)(Brief Article)
August 1, 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...

Woodward v. Correctional Medical Services.(mental health service contractor faces legal liability for suicide in a jail)(Brief Article)
August 1, 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...

Nash v. McGinnis.(prisoner seeking injunctive relief)(Brief Article)
August 1, 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...

Hartsfield v. Colburn.(prisoner alleges correction officials for deliberate indifference)(Brief Article)
August 1, 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...

Johnson v. Pearson.(prisoner alleges prison officials of deliberate indifference)(Brief Article)
August 1, 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...

Kane v. Winn.(federal prisoner alleges violation of Bureau of Prisons regulations and inadequate medical care)(Brief Article)
August 1, 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...

Martino v. Miller.(prisoner alleges physicians of medical malpractice)(Brief Article)
August 1, 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...

Woodward v. Correctional Medical Services.(ental health service contractor's employee's lack of training and carelessness caused a prisoners suicidal behavior)(Brief Article)
August 1, 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...

Woodward v. Correctional Medical Services.(private mental health service contractor's employee's lack of training and carelessness caused prisoner suicide)(Brief Article)
August 1, 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...

Allegheny County Prison Emp. v. County of Allegh.(county jail employees alleges employee search policy)(Brief Article)
August 1, 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...

Piscottano v. Murphy.(state corrections officers sues prison officials)(Brief Article)
August 1, 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...

Spiegla v. Hull.(prison employee sues prison officials for retaliation for her free speech rights)(Brief Article)
August 1, 2004... U.S. Appeals Court FREE SPEECH RETALIATION SCHEDULE Spiegla v. Hull, 371 F.3d 928 (7th Cir. 2004). A state prison employee sued prison officials under [section] 1983 alleging that they changed her shift schedule and post...

Hammond v. Gordon County.(female inmates alleges male officers of violating their Eighth Amendment rights)
August 1, 2004... U.S. District Court PROTECTION SAFETY 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...

Guerra v. Drake.(PRETRIAL DETENTION)(pretrial detainee alleges correctional officers of using excessive force and restraining)(Brief Article)
August 1, 2004... U.S. Appeals Court USE OF FORCE RESTRAINTS 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...

Hartsfield v. Colburn.(PRETRIAL DETENTION)(Brief Article)
August 1, 2004... U.S. Appeals Court MEDICAL CARE 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...

Shokeh v. Thompson.(PRETRIAL DETENTION)(Brief Article)
August 1, 2004... U.S. Appeals Court ALIEN BAIL 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)...

Tilmon v. Prator.(PRETRIAL DETENTION)(Brief Article)
August 1, 2004... U.S. Appeals Court DISCIPLINE PRE-SENTENCE 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...

Woodward v. Correctional Medical Services.(PRETRIAL DETENTION)(Brief Article)
August 1, 2004... U.S. Appeals Court SUICIDE MEDICAL CARE 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...

Nash v. McGinnis.(PRIVACY)(Brief Article)
August 1, 2004... U.S. District Court RIGHT OF PRIVACY 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...

Donhauser v. Goord.(PROGRAMS-PRISONER)(Brief Article)
August 1, 2004... U.S. District Court 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...

Donhauser v. Goord.(PROGRAMS-PRISONER)(Brief Article)
August 1, 2004... U.S. District Court SEX OFFENDER 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...

McEachin v. Beard.(prisoner alleges confiscations violates inmates due process rights)(Brief Article)
August 1, 2004... U.S. District Court CONFISCATION McEachin v. Beard, 319 F.Supp.2d 510 (E.D.Pa. 2004). A state inmate filed a [section] 1983 action alleging his rights were violated when his personal property was confiscated. The district court granted...

Moore v. Vega.(homeowner alleges parole officers of violating her Fourth Amendment rights )(Brief Article)
August 1, 2004... U.S. Appeals Court PAROLE-SEARCHES Moore v. Vega, 371 F.3d 110 (2nd Cir. 2004). A homeowner brought a [section] 1983 action against state parole officers, alleging that the officers violated her Fourth Amendment right to be free from...

Royal v. Durison.(RELEASE)(Brief Article)
August 1, 2004... U.S. District Court RELEASE DATE CREDIT Royal v. Durison, 319 F.Supp.2d 534 (E.D.Pa. 2004). A state inmate filed a [section] 1983 action alleging he was detained in excess of the statutorily prescribed maximum for the crimes for...

Ephraim v. Angelone.(RELIGION)(Brief Article)
August 1, 2004... U.S. District Court NAME DIET RLUIPA -- Religious Land Use and Institutionalized Persons Act 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...

Coronel v. Paul.(inmate allegs violation of first amendment rights)(Brief Article)
August 1, 2004... U.S. District Court FREE SPEECH RLUIPA -- Religious Land Use and Institutionalized Persons Act Coronel v. Paul, 316 F.Supp.2d 868 (D.Ariz. 2004). An inmate brought an action against a private prison, alleging violations of the...

Freeman v. Texas Dept. of Criminal Justice.(RELIGION)(Brief Article)
August 1, 2004... U.S. Appeals Court OPPORTUNITY TO PRACTICE SERVICES 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...

Murphy v. Missouri Dept. of Corrections.(RELIGION)(Brief Article)
August 1, 2004... U.S. Appeals Court FREE EXERCISE RLUIPA -- Religious Land Use and Institutionalized Persons Act Murphy v. Missouri Dept. of Corrections, 372 F.3d 979 (8th Cir. 2004). A prisoner brought an action under [section] 1983 and under the...

Wares v. Vanbebber.(prisoner alleges prison officals of violation of his right to observe a Jewish holiday)(Brief Article)
August 1, 2004... U.S. District Court OPPORTUNITY TO PRACTICE Wares v. Vanbebber, 319 F.Supp.2d 1237 (D.Kan. 2004). A state inmate filed a [section] 1983 action alleging that prison officials interfered with his right to observe a Jewish holiday. The...

Cline v. Fox.(RULES & REGULATIONS-PRISONER)(Brief Article)
August 1, 2004... U.S. District Court LIBRARY 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...