Corrections Caselaw Quarterly articles from February 2002

Corrections Caselaw Quarterly archives from February 2002

Access to court.(Brief Article)
February 1, 2002... U.S. Appeals Court EXPERT WITNESS Boncher ex rel. Boncher v. Brown County 272 F.3d 484 (7th Cir. 2001). The estate of a prisoner who had committed suicide brought a [sections] 1983 action against jail officials alleging deliberate...

Administration.(Brief Article)
February 1, 2002... U.S. District Court DISCRIMINATION EMPLOYEE QUALIFICATIONS Winkelman v. Magne, 173 F.Supp.2d 821 (C.D.Ill. 2001). An applicant for employment with a state correctional facility filed a [sections] 1983 action against employees...

Assessment of costs.(Brief Article)
February 1, 2002... U.S. Appeals Court COMMISSARY INMATE FUNDS RECOUPMENT Nelson v. Heiss 271 F.3d 891 (9th Cir. 2001). A state inmate brought a [section] 1983 action against corrections officials after holds were placed on his inmate trust account. The...

Attorney fess.(Brief Article)
February 1, 2002... U.S. District Court PLRA-Prison Litigation Reform Act Christina A. ex rel. Jennifer A. v. Bloomberg. 167 F.Supp.2d 1094 (D.S.D. 2001). Inmates at youth facilities sued the secretary of the corrections department and the superintendent...

Bail.(Brief Article)
February 1, 2002... U.S. Appeals Court ALIEN Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). A lawful permanent resident alien filed a habeas corpus petition challenging the no-bail provision of the Immigration and Nationality Act, under which he had been...

Civil rights.
February 1, 2002... U.S. Appeals Court ADA- Americans with Disabilities Act PAROLE Armstrong v. Davis 275 F.3d 849 (9th Cir. 2001). Disabled prisoners and parolees brought a class action against a governor, corrections secretary, and board of prison...

Classification and separation.(Brief Article)
February 1, 2002... U.S. Appeals Court CLASSIFICATION CRITERIA SPECIAL NEEDS Chisolm v. McManimon, 275 F.3d 315 (3rd Cir. 2001). A hearing-impaired detainee brought a suit against the warden of a pretrial detainment facility and county court system,...

Conditions of confinement.(Brief Article)
February 1, 2002... U.S. Appeals Court SMOKE Alvarado v. Litscher 267 F.3d 648 (7th Cir. 2001). A prisoner brought an action against a prison alleging deliberate indifference to his exposure to environmental tobacco smoke in violation of the Eighth...

Cruel and unusual punishment.(Brief Article)
February 1, 2002... U.S. Appeals Court SMOKE-FREE ENVIRONMENT Alvarado v. Litscher, 267 F. 3d 648 (7th Cir. 2001). A prisoner brought an action against a prison alleging deliberate indifference to his exposure to environmental tobacco smoke in violation of the...

Discipline.(Brief Article)
February 1, 2002... U.S. Appeals Court DUE PROCESS PUNISHMENT Ware v. Morrison, 276 F.3d 385 (8th Cir. 2002). An inmate brought a Bivens action against corrections officials alleging due process violations in connection with denial of visitation privileges....

Ex-offenders.(Brief Article)
February 1, 2002... U.S. District Court SEX OFFENDER A.A. v. New Jersey 176 F.Supp.2d 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Act amendment to the state's...

Failure to protect.
February 1, 2002... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Alfrey v. U.s. 276 F.3d 557 (9th Cir. 2002). The personal representative of a federal prisoner who was killed by his cellmate brought Federal Tort Claims Act (FTCA) and Bivens actions against...

Facilities.(Brief Article)
February 1, 2002... U.S. District Court CELL SIZE CELL CAPACITY CROWDING Chilcote v. Mitchell, 166 F. Supp. 2d 1313 (D. Or. 2001). A former prisoner and detainees at a federal detention center sued officials alleging they were subjected to...

False imprisonment/arrest.(Brief Article)
February 1, 2002... U.S. District Court FALSE IMPRISONMENT PROBABLE CAUSE McCray v. City of Dothan, 169 F.Supp.2d 1260 (M.D.Ala. 2001). A deaf African-American plaintiff brought a civil rights action against police officers and a city. The district court...

Female prisoners.(Brief Article)
February 1, 2002... U.S. District Court SEXUAL ASSAULT MEDICAL CARE Goode v. Correctional Medical Services. 168 F.Supp.2d 289 (D.Del. 2001). An inmate sued various prison officials, a third party medical contractor, and the contractor's nursing employees...

Food.(Brief Article)
February 1, 2002... U.S. District Court TEMPERATURE NUTRITION RELIGIOUS DIET MEDICAL DIET Waring v. Meachum, 175 F.Supp.2d 230 (D.Conn. 2001). Inmates brought several class actions against prison administrators and correctional officers alleging...

Free speech, expression, and association.(Brief Article)
February 1, 2002... U.S. Appeals Court CASSETTE TAPES MAIL Driver v. Groose, 273 F.3d 811 (8th Cir. 2001). A state prison inmate sued to recover for the alleged violation of her consititutional rights in connection with prison officials' censorship of a...

Good time.(Brief Article)
February 1, 2002... U.S. Appeals Court GOOD-TIME CREDT Pacheco-Camacho v. Hood, 272 F.3d 1266 (9th Cir. 2001). A federal prisoner sought review of the determination by the federal Bureau of Prisons (BOP) regarding good time credits to which he was...

Habeas corpus.(Brief Article)
February 1, 2002... U.S. Appeals Court ALIEN Kim v. Ziglar, 276 F.3d 523 (9th Cir. 2002). A lawful permanent resident alien filed a habeas corpus petition challenging the no-bail provision of the Immigration and Nationality Act, under which he had been...

Hyginen-prisoner personal.(Brief Article)
February 1, 2002... U.S. District Court SHOWERS CLOTHING Waring v. Meachum, 175 F.Supp.2d 230 (D.Conn. 2001). Inmates brought several class actions against prison administrators and correctional officers alleging constitutional violations during a lockdown....

Immunity.(Brief Article)
February 1, 2002... U.S. Appeals Court FTCA-Federal Tort Claims Act BIVENS CLAIMS Alfrey v. U.S., 276 F.3d 557 (9th Cir. 2002). The personal representative of a federal prisoner who was killed by his cellmate brought Federal Tort Claims Act (FTCA) and...

Intake and admissions.(Brief Article)
February 1, 2002... U.S. Appeals Court CLASSIFICATION TELEPHONE TRANSLATOR Chisolm v. McManimon, 275 F.3d 315 (3rd Cir. 2001). A hearing-impaired detainee brought a suit against the warden of a pretrial detainment facility and county court system,...

Juveniles.(Brief Article)
February 1, 2002... U.S. District Court CONDITIONS PLRA-Prison Litigation Reform Act IDEA- Indiv. with Disab. Education Act Christina A. ex rel. Jennifer A. v. Bloomberg, 167 F.Suppl.2d 1094 (D.S.D. 2001). Inmates at youth facilities sued the...

Liability.(Brief Article)
February 1, 2002... U.S. District Court PRELIMINARY INJUNCTION A.A. v. New Jersey 176 F.Supp.2d 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Act amendment to...

Medical care.(Brief Article)
February 1, 2002... U.S. Appeals Court Alvarado v. Litscher 267 F.3d 648 (7th Cir. 2001). A prisoner brought an action against a prison alleging deliberate indifference to his exposure to environmental tobacco smoke in violation of the Eighth Amendment. The...

Mental problems (prisoner).(Brief Article)
February 1, 2002... U.S. Appeals Court SUICIDE FAILURE TO PROVIDE CARE Comstock v. McCrary, 273 F.3d 693 (6th Cir. 2001). The personal representative of a prisoner's estate brought a civil rights action against prison medical personnel after the prisoner...

Personnel.(Brief Article)
February 1, 2002... U.S. District Court FREE SPEECH RETALIATION Bailer v. Taylor, 170 F.Supp.2d 466 (D.Del. 2001). A former internal affairs investigator for a state corrections department brought an action against corrections officials, alleging they had...

Pretrial detention.
February 1, 2002... U.S. Appeals Court SUICIDE INTAKE SCREENING Boncher ex rel. Boncher v. Brown County, 272 F.3d 484 (7th Cir. 2001). The estate of a prisoner who had committed suicide brought a ss 1983 action against jail officials alleging deliberate...

Privacy.(Brief Article)
February 1, 2002... U.S. District Court SEX OFFENDERS A.A. v. New Jersey, 176 F. Supp.2d. 274 (D.N.J. 2001). Convicted sex offenders challenged the constitutionality of a New Jersey constitutional provision and the Internet Registry Act amendment to the...

Property- prisoner personal.(Brief Article)
February 1, 2002... U.S. District Court DISPOSITION OF FUNDS Breakiron v. Neal. 166 F.Supp.2d 1110 (N.D.Tex. 2001). A county prisoner brought a [section] 1983 action seeking damages for injuries he sustained when a jail door closed on him, and for alleged...

Release.(Brief Article)
February 1, 2002... U.S. Appeals Court PAROLE- POLICIES DISCRIMINATION Armstrong v. Davis 275 F.3d 849 (9th Cir. 2001). Disabled prisoners and parolees brought a class action against a governor, corrections secretary, and board of prison terms, alleging...

Religion.
February 1, 2002... U.S. Appeals Court OPPORTUNITY TO PRACTICE SINCERITY Lyon v. Vande Krol, 270 F.3d 563 (8th Cir. 2001). A prisoner brought a ?? 1983 action against corrections officials alleging violation of his right to practice religion, and on...

Rules and regulations--prisoner.(Brief Article)
February 1, 2002... U.S. Appeals Court ITEMS PERMITTED Driver v. Groose 273 F.3d 811 (8th Cir. 2001). A state prison inmate sued to recover for the alleged violation of her constitutional rights in connection with prison officials' censorship of a...

Safety and security.(Brief Article)
February 1, 2002... U.S. Appeals Court RIOT Jeffers v. Gomez. 267 F.3d 895 (9th Cir. 2001). An inmate brought a [section] 1983 action against prison officials after being shot during a prison riot The district court denied the officials' motion for...

Sanitation.(Brief Article)
February 1, 2002... U.S. District Court SHOWERS Curry v. Kerik, 163 F.Supp.2d 232 (S.D.N.Y. 2001). A pretrial detainee brought a ?? 1983 action against corrections officials alleging violation of the due process clause arising out of dangerous conditions....

Searches.(Brief Article)
February 1, 2002... U.S. District Court STRIP SEARCH Doan v. Watson, 168 F.Supp.2d 932 (S.D.Ind. 2001). Former inmates filed a ?? 1983 suit against a former and current sheriff, individually and in their official capacities, alleging unconstitutional...

Services- prisoner.(Brief Article)
February 1, 2002... U.S. Appeals Court COMMISSARY Myrie v. Commissioner. N.J. Dept. of Corrections 267 F.3d 251 (3rd Cir. 2001). Prison inmates challenged the application of a New Jersey statute that required them to pay a ten percent surcharge on their...

Sentence.(Brief Article)
February 1, 2002... U.S. Appeals Court CLEMENCY Gilreath v. State Ed. of Pardons and Paroles. 273 F.3d 932 (11th Cir. 2001). A capital murder defendant moved for a preliminary injunction seeking to stay his execution. The district court denied the...

Standards.(Brief Article)
February 1, 2002... U.S. Appeals Court Boncher ex rel. Boncher v. Brown County 272 F.3D 484 (7th Cir. 2001). The estate of a prisoner who had committed suicide brought a ?? 1983 action against jail officials alleging deliberate indifference to the risk of the...

Supervision.(Brief Article)
February 1, 2002... U.S. District Court Craw v. Gray 159 F.Supp.2d 679 (N.D.Ohio 2001). An arrestee sued law enforcement officers under ?? 1983 asserting claims for use of excessive force. The district court granted partial summary judgment in favor of the...

Training.(Brief Article)
February 1, 2002... U.S. District Court FAILURE TO TRAIN Craw v. Gray 159 F.Supp.2d 679 (N.D.Ohio 2001). An arrestee sued law enforcement officers under [section] 1983 asserting claims for use of excessive force. The district court granted partial summary...

Transfers.(Brief Article)
February 1, 2002... U.S. District Court OTHER STATE Tart v. Young, 168 F.Supp.2d 590 (W.D.Va. 2001). An inmate brought ?? 1983 claims against a warden and commissioner of corrections alleging they violated his free exercise rights. The district court...

Use of force.
February 1, 2002... U.S. District Court EXCESSIVE FORCE Craw v. Gray 159 F.Supp.2d 679 (N.D.Ohio 2001). An arrestee sued law enforcement officers under [SS] 1983 asserting claims for use of excessive force. The district court granted partial summary...

Visiting.(Brief Article)
February 1, 2002... U.S. Appeals Court DENIAL OF VISITS LIBERTY INTEREST Ware v. Morrison 276 F.3d 385 (8th Cir. 2002). An inmate brought a Bivens action against corrections officials alleging due process violations in connection with denial of visitation...

Work- prisoner.(Brief Article)
February 1, 2002... U.S. Appeals Court SUPERVISION Flint ex rel. Flinty. KY Dept. of Corrections 270 F.3d 340 (6th Cir. 2001). The estate of a prisoner who had been murdered in prison filed a ?? 1983 action against state corrections officials. The...