Corrections Caselaw Quarterly articles from February 2005

Corrections Caselaw Quarterly archives from February 2005

Pearson v. Simms.(ACCESS TO COURT)(violation of civil rights)(Brief Article)
February 1, 2005... U.S. District Court LEGAL MAIL Pearson v. Simms, 345 F. Supp.2d 515 (D.Md. 2003). A state prisoner filed a civil rights action, alleging that prison defendants denied him access to the courts, and that he had been retaliated against...

Abney v. Alameida.(violation of United States Constitution. 1st Amendment)(Brief Article)
February 1, 2005... U.S. District Court COURT COSTS Abney v. Alameida, 334 F.Supp.2d 1221 (S.D.Cal. 2004). A state prisoner brought an action against a state corrections director alleging violations of the Fifth Amendment Takings Clause, the Equal...

Booth v. King.(ACCESS TO COURT)(violation of United States Constitution. 8th Amendment)(Brief Article)
February 1, 2005... U.S. District Court LAW LIBRARY PRIVILEGED CORRESPONDENCE LEGAL MATERIAL Booth v. King, 346 F.Supp.2d 751 (E.D.Pa. 2004). An inmate brought a pro se [section] 1983 action against employees and former employees of a city...

Boriboune v. Berge.(ACCESS TO COURT)(Brief Article)
February 1, 2005... U.S. Appeals Court PLRA -- Prisoner Litigation Reform Act IN FORMA PAUPERIS FILING FEE Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004). State prisoners filed a [section] 1983 action and sought permission to proceed in forma...

Bourdon v. Loughren.(ACCESS TO COURT)(case regarding equal protection)(Brief Article)
February 1, 2005... U.S. Appeals Court LAW LIBRARY ACCESS TO ATTORNEY APPOINTED ATTORNEY Bourdon v. Loughren, 386 F.3d 88 (2nd Cir. 2004). A pretrial detainee in a county jail who sought replacement of his court-appointed attorney, brought a...

Hayes v. Faulkner County, Ark.(ACCESS TO COURT)(Brief Article)
February 1, 2005... U.S. Appeals Court INITIAL APPEARANCE Hayes v. Faulkner County, Ark., 388 F.3d 669 (8th Cir. 2004). An arrestee brought a [section] 1983 action against a county, sheriff and jail administrator, stemming from his 38-day detention prior...

Phillips v. Hust.(ACCESS TO COURT)(Brief Article)
February 1, 2005... U.S. District Court LAW LIBRARY LEGAL MATERIAL Phillips v. Hust, 338 F.Supp.2d 1148 (D.Or. 2004). A state prisoner brought a [section] 1983 action against a prison librarian, alleging violations of his right to free speech and...

Purkey v. CCA Detention Center.(ACCESS TO COURT)
February 1, 2005... U.S. District Court LEGAL MATERIALS RETALIATION JAIL HOUSE LAWYER Purkey v. CCA Detention Center, 339 F.Supp.2d 1145 (D.Kan. 2004). A federal prisoner brought a Bivens action against private prison employees. The district...

Soto v. Belcher.(ACCESS TO COURT)(Brief Article)
February 1, 2005... U.S. District Court EXHAUSTION PLRA -- Prisoner Litigation Reform Act Soto v. Belcher, 339 F.Supp.2d 592 (S.D.N.Y. 2004). A former state prison inmate brought a [section] 1983 action against a corrections officer and prison...

Wisenbaker v. Farwell.(ACCESS TO COURT)(Brief Article)
February 1, 2005... U.S. District Court STATUTE OF LIMITATIONS PLRA -- Prisoner Litigation Reform Act Wisenbaker v. Farwell, 341 F.Supp.2d 1160 (D.Nev. 2004). A state prison inmate brought a [section] 1983 action alleging that acts and omissions of...

Abney v. Alameida.(ADMINISTRATION)(Brief Article)
February 1, 2005... U.S. District Court INMATE FUNDS Abney v. Alameida, 334 F.Supp.2d 1221 (S.D.Cal. 2004). A state prisoner brought an action against a state corrections director alleging violations of the Fifth Amendment Takings Clause, the Equal...

McDowell v. Brown.(ADMINISTRATION)(1983 Eighth Amendment)(Brief Article)
February 1, 2005... U.S. Appeals Court BUDGET STAFFING LEVELS McDowell v. Brown, 392 F.3d 1283 (11th Cir. 2004). A former inmate of a county jail brought a [section] 1983 Eighth Amendment action against a county, alleging improper failure to treat...

3. Administrative segregation.
February 1, 2005... No Cases.

Boriboune v. Berge.(ASSESSMENT OF COSTS)(Brief Article)
February 1, 2005... U.S. Appeals Court COURT COSTS Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004). State prisoners filed a [section] 1983 action and sought permission to proceed in forma pauperis under the Prison Litigation Reform Act (PLRA). The...

Hightower v. Nassau County Sheriff's Dept.(ATTORNEY FEES)(Brief Article)
February 1, 2005... U.S. District Court PLRA -- Prisoner Litigation Reform Act Hightower v. Nassau County Sheriff's Dept., 343 F.Supp.2d 191 (E.D.N.Y. 2004). A pretrial detainee brought a civil rights action against a county sheriff's department and...

Atwood v. Vilsack.(BAIL)(sexually violent predator )(Brief Article)
February 1, 2005... U.S. District Court DENIAL OF BAIL Atwood v. Vilsack, 338 F.Supp.2d 985 (S.D.Iowa 2004). Pretrial detainees who were awaiting hearings on their sexually violent predator (SVP) petitions, brought a class action against a state...

U.S. v. Scales.(BAIL)(Brief Article)
February 1, 2005... U.S. District Court CONDITIONS DENIAL OF BAIL U.S. v. Scales, 344 F.Supp.2d 213 (D.Me. 2004). A district court revoked the release of a defendant. The court held that no conditions of release existed which could reasonably assure...

Atwood v. Vilsack.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. District Court SEX OFFENDERS ACCESS TO COURT CONDITIONS Atwood v. Vilsack, 338 F.Supp.2d 985 (S.D.Iowa 2004). Pretrial detainees who were awaiting hearings on their sexually violent predator (SVP) petitions, brought a...

Bolton v. U.S.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. District Court SEXUAL ABUSE Bolton v. U.S., 347 F.Supp.2d 1218 (N.D.Fla. 2004). A female inmate brought an action against the federal Bureau of Prisons and a correctional officer, alleging that the officer coerced her into sex by...

Booth v. King.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. District Court VERBAL HARASSMENT Booth v. King, 346 F.Supp.2d 751 (E.D.Pa. 2004). An inmate brought a pro se [section] 1983 action against employees and former employees of a city prison system. The district court granted summary...

Hedgepeth v. Washington Metro. Area Transit Auth.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. Appeals Court EQUAL PROTECTION JUVENILES Hedgepeth v. Washington Metro. Area Transit Auth., 386 F.3d 1148 (D.C.Cir. 2004). The mother of a 12-year-old who was arrested and detained for eating a french fry in a rail transit...

Johnson v. Johnson.(CIVIL RIGHTS)(Eighth Amendment and equal protection rights)(Brief Article)
February 1, 2005... U.S. Appeals Court SEXUAL ABUSE EQUAL PROTECTION HOMOSEXUAL DISCRIMINATION Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004). A black homosexual former state prisoner brought a [section] 1983 action against prison...

Jones v. Blanas.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. Appeals Court SEX OFFENDER CIVIL COMMITMENT PRETRIAL DETAINEES Jones v. Blanas, 393 F.3d 918 (9th Cir. 2004). A jail detainee brought a civil rights against a sheriff and county for violations of his constitutional...

Miller v. King.(CIVIL RIGHTS)(Brief Article)
February 1, 2005... U.S. Appeals Court HANDICAP ADA -- Americans with Disabilities Act Miller v. King, 384 F.3d 1248 (11th Cir. 2004). A paraplegic state prisoner brought a [section] 1983 action alleging Eighth Amendment and Americans with...

Pennington v. Taylor.(CLASSIFICATION & SEPARATION)(Brief Article)
February 1, 2005... U.S. District Court LOWER BUNK Pennington v. Taylor, 343 F.Supp.2d 508 (E.D.Va. 2004). A state prisoner brought a pro se [section] 1983 against a correctional officer, alleging that the officer showed deliberate indifference to a risk...

Pierson v. Hartley.(CLASSIFICATION & SEPARATION)(Brief Article)
February 1, 2005... U.S. Appeals Court CLASSIFICATION CRITERIA FAILURE TO PROTECT Pierson v. Hartley, 391 F.3d 898 (7th Cir. 2004). An inmate brought a [section] 1983 action against prison officials for failing to protect him from an assault by...

Masonoff v. Dubois.(CONDITIONS OF CONFINEMENT)(Brief Article)
February 1, 2005... U.S. District Court TOILETS Masonoff v. Dubois, 336 F.Supp.2d 54 (D.Mass. 2004). State inmates filed a class action under [section] 1983 alleging that conditions of their confinement violated their Eighth Amendment rights. The district...

Miller v. King.(CONDITIONS OF CONFINEMENT)(Brief Article)
February 1, 2005... U.S. Appeals Court HANDICAPPED INMATES CELLS Miller v. King, 384 F.3d 1248 (11th Cir. 2004). A paraplegic state prisoner brought a [section] 1983 action alleging Eighth Amendment and Americans with Disabilities Act (ADA)...

Booth v. King.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
February 1, 2005... U.S. District Court THREATS Booth v. King, 346 F.Supp.2d 751 (E.D.Pa. 2004). An inmate brought a pro se [section] 1983 action against employees and former employees of a city prison system. The district court granted summary judgment...

Christopher v. Buss.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
February 1, 2005... U.S. Appeals Court FAILURE TO PROTECT Christopher v. Buss, 384 F.3d 879 (7th Cir. 2004). A state inmate brought a [section] 1983 action alleging that failure to correct an allegedly defective condition on a prison softball field...

Masonoff v. Dubois.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
February 1, 2005... U.S. District Court TOILETS Masonoff v. Dubois, 336 F.Supp.2d 54 (D.Mass. 2004). State inmates field a class action under [section] 1983 alleging that conditions of their confinement violated their Eighth Amendment rights. The district...

Ziemba v. Armstrong.(CRUEL AND UNUSUAL PUNISHMENT)(Brief Article)
February 1, 2005... U.S. District Court RESTRAINTS FOOD ISOLATION TOILETS Ziemba v. Armstrong, 343 F.Supp.2d 173 (D.Conn. 2004). A state inmate field a civil rights action alleging that prison officials failed to provide constitutionally...

11. Discipline.
February 1, 2005... No Cases.

12. Exercise and recreation.
February 1, 2005... No Cases.

Byar v. Lee.(EX-OFFENDERS)(Brief Article)
February 1, 2005... U.S. District Court CLAIMS Byar v. Lee, 336 F.Supp.2d 896 (W.D.Ark. 2004). A former county jail detainee filed an action against a former county sheriff, alleging violations of her constitutional rights arising out of the sheriff's...

McDowell v. Brown.(EX-OFFENDERS)(Brief Article)
February 1, 2005... U.S. Appeals Court CLAIMS McDowell v. Brown, 392 F.3d 1283 (11th Cir. 2004). A former inmate of a county jail brought a [section] 1983 Eighth Amendment action against a county, alleging improper failure to treat his emergency medical...

Booth v. King.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. District Court THREATS Booth v. King, 346 F.Supp.2d 751 (E.D.Pa. 2004). An inmate brought a pro se [section] 1983 action against employees and former employees of a city prison system. The district court granted summary judgment...

Christopher v. Buss.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. Appeals Court PROTECTION FROM HARM Christopher v. Buss, 384 F.3d 879 (7th Cir. 2004). A state inmate brought a [section] 1983 action alleging that failure to correct an allegedly defective condition on a prison softball field...

Gibson v. Brooks.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. District Court PRISONER ON PRISONER ASSAULT Gibson v. Brooks, 335 F.Supp.2d 325 (D.Conn. 2004). A prisoner brought a [section] 1983 action against prison officials, alleging failure to prevent an assault. The district court held...

Johnson v. Johnson.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. Appeals Court PRISONER ON PRISONER ASSAULT SEXUAL ASSAULT Johnson v. Johnson, 385 F.3d 503 (5th Cir. 2004). A black homosexual former state prisoner brought a [section] 1983 action against prison officials, alleging that...

Pierson v. Hartley.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. Appeals Court PRISONER ON PRISONER ASSAULT Pierson v. Hartley, 391 F.3d 898 (7th Cir. 2004). An inmate brought a [section] 1983 action against prison officials for failing to protect him from an assault by another inmate....

Thompson v. Spears.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. District Court PRISONER ON PRISONER ASSAULT Thompson v. Spears, 336 F.Supp.2d 1224 (S.D.Fla. 2004). A prisoner brought an action against a county and a jail official, alleging deliberate indifference to his safety, negligent...

Wever v. Lincoln County, Nebraska.(FAILURE TO PROTECT)(Brief Article)
February 1, 2005... U.S. Appeals Court SUICIDE Wever v. Lincoln County, Nebraska, 388 F.3d 601 (8th Cir. 2004). A personal representative brought a civil rights action against a county and county sheriff alleging that an arrestee's Fourteenth Amendment...

Miller v. King.(FACILITIES)(Brief Article)
February 1, 2005... U.S. Appeals Court HANDICAPPED CELL SIZE Miller v. King, 384 F.3d 1248 (11th Cir. 2004). A paraplegic state prisoner brought a [section] 1983 action alleging Eighth Amendment and Americans with Disabilities Act (ADA) violations....

Ramos Bonilla v. Vivoni Del Valle.(FALSE IMPRISONMENT/ARREST)(Brief Article)
February 1, 2005... U.S. District Court ARREST AND DETENTION UNLAWFUL DETENTION Ramos Bonilla v. Vivoni Del Valle, 336 F.Supp.2d 159 (D.Puerto Rico 2004). A protester filed a [section] 1983 action alleging violation of his constitutional rights at a...

Bolton v. U.S.(FEMALE PRISONERS)(Brief Article)
February 1, 2005... U.S. District Court SEXUAL HARASSMENT FAILURE TO PROTECT Bolton v. U.S., 347 F.Supp.2d 1218 (N.D.Fla. 2004). A female inmate brought an action against the federal Bureau of Prisons and a correctional officer, alleging that the...

Mills v. City of Barbourville.(FEMALE PRISONERS)(Brief Article)
February 1, 2005... U.S. Appeals Court PRIVACY SEARCHES Mills v. City of Barbourville, 389 F.3d 568 (6th Cir. 2004). An arrestee brought a [section] 1983 action claiming that her constitutional rights were violated when a male jailer saw her bare...

Smook v. Minnehaha County.(FEMALE PRISONERS)(Brief Article)
February 1, 2005... U.S. District Court SEARCHES PRIVACY Smook v. Minnehaha County, 340 F.Supp.2d 1037 (D.S.D. 2004). Former detainees at a county juvenile detention center brought a [section] 1983 action challenging the center's policy of...

DeHart v. Horn.(FOOD)(Brief Article)
February 1, 2005... U.S. Appeals Court RELIGIOUS DIET DeHart v. Horn, 390 F.3d 262 (3rd Cir. 2004). An inmate field a [section] 1983 action against corrections officials, alleging that his free exercise rights were violated by their refusal to accommodate...

Allen v. Thomas.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
February 1, 2005... U.S. Appeals Court RETALIATION Allen v. Thomas, 388 F.3d 147 (5th Cir. 2004). A state prisoner whose property was confiscated brought a [section] 1983 action against correctional officers. The district court dismissed the complaint and...

Cassels v. Stalder.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
February 1, 2005... U.S. District Court CONVERSATION CRITICISM Cassels v. Stalder, 342 F.Supp.2d 555 (M.D.La. 2004). A state prison inmate brought an action claiming that his conviction under a prison rule barring the spread of rumors violated his...

Cygan v. Wisconsin Dept. of Corrections.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
February 1, 2005... U.S. Appeals Court STAFF Cygan v. Wisconsin Dept. of Corrections, 388 F.3d 1092 (7th Cir. 2004). A former correctional officer at a maximum security prison filed a [section] 1983 action alleging they violated her constitutional rights...

Jacklovich v. Simmons.(FREE SPEECH, EXPRESSION, ASSOC.)
February 1, 2005... U.S. Appeals Court PUBLICATIONS CENSORSHIP Jacklovich v. Simmons, 392 F.3d 420 (10th Cir. 2004). State prison inmates and a nonprofit publisher of a prison legal newspaper brought a [section] 1983 First Amendment and due process...

Purkey v. CCA Detention Center.(FREE SPEECH, EXPRESSION, ASSOC.)
February 1, 2005... U.S. District Court PRISONERS Purkey v. CCA Detention Center, 339 F.Supp.2d 1145 (D.Kan. 2004). A federal prisoner brought a Bivens action against private prison employees. The district court denied the defendants' motion to dismiss....

Smith v. Carrasco.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
February 1, 2005... U.S. District Court LITERATURE Smith v. Carrasco, 334 F.Supp.2d 1094 (N.D.Ind. 2004). A state prison inmate brought a [section] 1983 action alleging that corrections officials violated his constitutional rights by confiscating his...

Waterman v. Commandant, U.S. Disciplinary Barracks.(FREE SPEECH, EXPRESSION, ASSOC.)(Brief Article)
February 1, 2005... U.S. District Court PUBLICATIONS PUBLISHER-ONLY RULE Waterman v. Commandant, U.S. Disciplinary Barracks, 337 F.Supp.2d 1237 (D.Kan. 2004). A military prisoner brought an action challenging the policy that allows mail room...

Jackson v. Ashcroft.(GOOD TIME)(Brief Article)
February 1, 2005... U.S. District Court GOOD TIME CREDIT Jackson v. Ashcroft, 347 F.Supp.2d 924 (D.Or. 2004). A federal prisoner petitioned for a writ of habeas corpus, challenging the federal Bureau of Prisons' (BOP) computation of his good-time credits....

Sash v. Zenk.(GOOD TIME)(Brief Article)
February 1, 2005... U.S. District Court GOOD TIME CREDIT Sash v. Zenk, 344 F.Supp.2d 376 (E.D.N.Y. 2004). A federal prisoner petitioned for habeas relief alleging that the federal Bureau of Prisons (BOP) had improperly applied a federal statute that...

Purkey v. CCA Detention Center.(GRIEVANCE PROCEDURES, PRISONER)
February 1, 2005... U.S. District Court RETALIATION Purkey v. CCA Detention Center, 339 F.Supp.2d 1145 (D.Kan. 2004). A federal prisoner brought a Bivens action against private prison employees. The district court denied the defendants' motion to...

Hughes v. Slade.(HABEAS CORPUS)(Brief Article)
February 1, 2005... U.S. District Court CREDIT FOR TIME SERVED Hughes v. Slade, 347 F.Supp.2d 821 (C.D.Cal. 2004). A prisoner convicted for attempted extortion petitioned for habeas corpus relief, challenging the denial of sentence credit for time served...

Jackson v. Ashcroft.(HABEAS CORPUS)(Brief Article)
February 1, 2005... U.S. District Court GOOD TIME Jackson v. Ashcroft, 347 F.Supp.2d 924 (D.Or. 2004). A federal prisoner petitioned for a writ of habeas corpus, challenging the federal Bureau of Prisons' (BOP) computation of his good-time credits. The...

Overturf v. Massie.(HABEAS CORPUS)(Brief Article)
February 1, 2005... U.S. Appeals Court TRANSFER Overturf v. Massie, 385 F.3d 1276 (10th Cir. 2004). State prison inmates who had been transferred from Hawaii to a privately owned correctional facility in another state sought federal habeas relief,...

Sash v. Zenk.(HABEAS CORPUS)(Brief Article)
February 1, 2005... U.S. District Court GOOD TIME Sash v. Zenk, 344 F.Supp.2d 376 (E.D.N.Y. 2004). A federal prisoner petitioned for habeas relief alleging that the federal Bureau of Prisons (BOP) had improperly applied a federal statute that governed...

24. Immunity.
February 1, 2005... No Cases.

25. Intake and admissions.
February 1, 2005... No Cases.

Hedgepeth v. Washington Metro. Area Transit Auth.(JUVENILES)(Brief Article)
February 1, 2005... U.S. Appeals Court EQUAL PROTECTION Hedgepeth v. Washington Metro. Area Transit Auth., 386 F.3d 1148 (D.C.Cir. 2004). The mother of a 12-year-old who was arrested and detained for eating a french fry in a rail transit station brought a...

Smook v. Minnehaha County.(JUVENILES)(Brief Article)
February 1, 2005... U.S. District Court SEARCH Smook v. Minnehaha County, 340 F.Supp.2d 1037 (D.S.D. 2004). Former detainees at a county juvenile detention center brought a [section] 1983 action challenging the center's policy of strip-searching all...

Bolton v. U.S.(LIABILITY)(Brief Article)
February 1, 2005... U.S. District Court NEGLIGENT RETENTION FAILURE TO SUPERVISE Bolton v. U.S., 347 F.Supp.2d 1218 (N.D.Fla. 2004). A female inmate brought an action against the federal Bureau of Prisons and a correctional officer, alleging that the...

Jackson v. Fauver.(LIABILITY)(Brief Article)
February 1, 2005... U.S. District Court VICARIOUS LIABILITY CONTRACT SERVICES PRIVATE PROVIDER Jackson v. Fauver, 334 F.Supp.2d 697 (D.N.J. 2004). Fifteen former and current prisoners brought separate actions against corrections officials and...

Jama v. U.S.I.N.S.(LIABILITY)(Brief Article)
February 1, 2005... U.S. District Court PRIVATE OPERATOR ACTA -- Alien Tort Claims Act Jama v. U.S.I.N.S., 343 F.Supp.2d 338 (D.N.J. 2004). Undocumented aliens who were detained pending determination of their asylum status brought an action alleging...

Meade v. Plummer.(LIABILITY)(Brief Article)
February 1, 2005... U.S. District Court NOMINAL DAMAGES COMPENSATORY DAMAGES PUNITIVE DAMAGES PLRA -- Prisoner Litigation Reform Act Meade v. Plummer, 344 F.Supp.2d 569 (E.D.Mich. 2004). A prisoner brought a [section] 1983 action against a...

Purkey v. CCA Detention Center.(LIABILITY)
February 1, 2005... U.S. District Court PRIVATE OPERATOR Purkey v. CCA Detention Center, 339 F.Supp.2d 1145 (D.Kan. 2004). A federal prisoner brought a Bivens action against private prison employees. The district court denied the defendants' motion to...

Wever v. Lincoln County, Nebraska.(LIABILITY)(Brief Article)
February 1, 2005... U.S. Appeals Court FAILURE TO SUPERVISE FAILURE TO PROTECT Wever v. Lincoln County, Nebraska, 388 F.3d 601 (8th Cir. 2004). A personal representative brought a civil rights action against a county and county sheriff alleging that...

Pearson v. Simms.(MAIL)(Brief Article)
February 1, 2005... U.S. District Court DELAY LEGAL MAIL Pearson v. Simms, 345 F.Supp.2d 515 (D.Md. 2003). A state prisoner filed a civil rights action, alleging that prison defendants denied him access to the courts, and that he had been retaliated...

Waterman v. Commandant, U.S. Disciplinary Barracks.(MAIL)(Brief Article)
February 1, 2005... U.S. District Court PUBLISHER-ONLY RULE REJECTING MAIL Waterman v. Commandant, U.S. Disciplinary Barracks, 337 F.Supp.2d 1237 (D.Kan. 2004). A military prisoner brought an action challenging the policy that allows mail room...

Bender v. Regier.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. Appeals Court DELIBERATE INDIFFERENCE MEDICATION Bender v. Regier, 385 F.3d 1133 (8th Cir. 2004). A state prisoner who tested positive for Hepatitis C brought a [section] 1983 action against a prison physician, alleging...

Blackmore v. Kalamazoo County.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. Appeals Court DELIBERATE INDIFFERENCE FAILURE TO PROVIDE CARE Blackmore v. Kalamazoo County, 390 F.3d 890 (6th Cir. 2004). A former detainee brought an action under [section] 1983 asserting claims under the Eighth and...

Burleson v. Texas Dept. of Criminal Justice.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. Appeals Court WORK ASSIGNMENT DELIBERATE INDIFFERENCE Burleson v. Texas Dept. of Criminal Justice, 393 F.3d 577 (5th Cir. 2004). A prison inmate brought a civil rights action alleging that prison officials were deliberately...

Evans v. Manos.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. District Court DELAY OF CARE DELIBERATE INDIFFERENCE Evans v. Manos, 336 F.Supp.2d 255 (W.D.N.Y. 2004). A state inmate brought a pro se [section] 1983 action against a corrections officer, doctor and dentist. The district...

Jackson v. Fauver.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. District Court MALPRACTICE PRIVATE PROVIDER FAILURE TO PROVIDE CARE DELIBERATE INDIFFERENCE Jackson v. Fauver, 334 F.Supp.2d 697 (D.N.J. 2004). Fifteen former and current prisoners brought separate actions against...

Jones v. Edguardo A. Consuegra's Estate.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. District Court DELIBERATE INDIFFERENCE Jones v. Edguardo A. Consuegra's Estate, 338 F.Supp.2d 1282 (M.D.Fla. 2004). A prison inmate brought a [section] 1983 action against a prison health service and physicians, alleging denial of...

Layman Ex Rel. Layman v. Alexander.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. District Court FAILURE TO PROVIDE CARE DELIBERATE INDIFFERENCE Layman Ex Rel. Layman v. Alexander, 343 F.Supp.2d 483 (W.D.N.C. 2004). A detainee who had suffered a serious head or brain injury following a blow from another...

McDowell v. Brown.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. Appeals Court DELAY IN CARE EMERGENCY CARE STAFF PRETRIAL DETAINEE McDowell v. Brown, 392 F.3d 1283 (11th Cir. 2004). A former inmate of a county jail brought a [section] 1983 Eighth Amendment action against a...

McKenna v. Wright.(MEDICAL CARE)(Brief Article)
February 1, 2005... U.S. Appeals Court FAILURE TO PROVIDE CARE McKenna v. Wright, 386 F.3d 432 (2nd Cir. 2004). A state prisoner infected with the Hepatitis C virus (HVC) brought a [section] 1983 action against prison officials, alleging they failed to...