Corrections Caselaw Quarterly articles from November 2001

Corrections Caselaw Quarterly archives from November 2001

Access to court.(prisoner litigation)
November 1, 2001... U.S. Appeals Court TELEPHONE Arsberry v. Illinois, 244 F.3d 558 (7th Cir. 2001). Prison and jail inmates, inmates' families, and a public-interest law firm brought an action against a state, state agencies and officials, and telephone...

Administration.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court TELEPHONE Arsberry v. Illinois. 244 F,3d 558 (7th Cir. 2001). Prison and jail inmates, inmates' families, and a public-interest law firm brought an action against a state, state agencies and officials, and telephone...

Administrative Segregation.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court REGULATIONS FREE SPEECH Spellman v. Hopper. 142 F.Supp.2d 1323 (M.D.Ala. 2000). A prison inmate brought a suit challenging a corrections department regulation which limited access to subscription publications...

Assessment of costs.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court TELEPHONE Arsberry v. Illinois 244 F.3d 558 (7th Cir. 2001). Prison and jail inmates, inmates' families, and a public-interest law firm brought an action against a state, state agencies and officials, and telephone...

Attorney Fees.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court PARTIAL SUCCESS Booth v. Barton County, KS, 157 F.Supp.2d 1178 (D.Kan. 2001). An inmate and a former inmate brought an action seeking injunctive relief under [ss] 1983, alleging unconstitutional conditions of...

Bail.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court BAIL REFORM ACT U.S. v. Silva, 133 F.Supp.2d 104 (D.Mass. 2001). A defendant was ordered detained pending trial after the district court held that he presented a risk of flight. The court noted that there was no...

Civil rights.(prisoner litigation)(Statistical Data Included)
November 1, 2001... U.S. District Court CONDITIONS HYGIENE Benjamin v. Fraser, 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for pretrial detainees in New York City...

Classification and separation.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court CELL ASSIGNMENT Dobbin v. Artuz, 143 F.Supp.2d 292 (S.D.N.Y. 2001). A state inmate brought a [section] 1983 action against prison officials and medical staff, arising from a fall down stairs at the prison. The...

Conditions of confinement.(prisoner litigation)
November 1, 2001... U.S. District Court HEATING HYGIENE LAUNDRY NOISE LIGHTING PLUMBING PRETRIAL DETAINEES SANITATION TOTALITY OF CONDITIONS VENTILATION Benjamin v. Fraser, 161 F.Supp.2d 151 (S.D.N.Y. 2001)....

Cruel and unusual punishment.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court PLUMBING SANITATION Carroll v. Detella. 255 F.3d 470 (7th Cir. 2001). An inmate brought a [section] 1983 action against state prison officials and state environmental protection officials, seeking damages and...

Discipline.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court RETALIATION Farver v. Schwartz, 255 F.3d 473 (8th Cir. 2001). An inmate brought a [section] 1983 action against prison officials alleging that harassment from correctional officers prompted a urine test which...

Ex-offenders.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court CLAIMS Booth v. Barton County, KS, 157 F.Supp.2d 1178 (D.Kan. 2001). An inmate and a former inmate brought an action seeking injunctive relief under [section] 1983, alleging unconstitutional conditions of...

Failure to protect.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court WRONGFUL DEATH Gonzales Rodricuez v. Alvarado 134 F.Supp.2d 451 (D.Puerto Rico 2001). A deceased inmate's family brought an action under [ss] 1983, the Emergency Medical Treatment and Active Labor Act, and Puerto...

Facilities.(prisoner litigation)(Statistical Data Included)
November 1, 2001... U.S. District Court CONSENT DECREE HYGIENE LIGHTS MEDICAL CARE KITCHEN NOISE PLUMBING SANITATION VENTILATION Benjamin v. Fraser 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections...

False imprisonment/arrest.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court FALSE IMPRISONMENT Padilla v. Miller. 143 F.Supp.2d 479 (M.D.Pa. 2001). A driver who had been detained, arrested and held in custody following an illegal search of his vehicle during a traffic stop, brought a [ss]...

Female prisoners.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court EQUAL PROTECTION EXERCISE Booth v. Barton County, KS, 157 F.Supp.2d 1178 (D.Kan. 2001). An inmate and a former inmate brought an action seeking injunctive relief under [ss] 1988, alleging unconstitutional...

Food.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court SANITATION Benjamin v. Fraser, 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for pretrial detainees in New York City jails moved for...

Free speech, expression, and association.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court OBSCENITY PUBLICATIONS Brouletta v. Stains. 161 F.Supp.2d 1021 (D.Ariz. 2001). A state inmate brought a ?? 1983 action alleging that prison officials wrongfully withheld copies of an adult magazine to which he...

Good time.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeal Court DUE PROCESS Montgomery v. Anderson 262 F.3d 641 (7th Cir. 2001). A state prisoner filed for habeas corpus relief alleging that the state had violated the Due Process Clause of the Fourteenth Amendment when it placed...

Grievance procedures, prisoner.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. Appeals Court RETALIATION Farver v. Schwartz. 255 F.3d 473 (8th Cir. 2001). An inmate brought a [section] 1983 action against prison officials alleging that harassment from correctional officers prompted a urine test which...

Habeas corpus.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court ALIEN In Re Soliman, 134 F.Supp.2d 1238 (N.D.Ala. 2001). An alien filed a petition for habeas corpus challenging his indefinite detention and force-feeding during his hunger strike. The district court denied the...

Hygiene- prisoner personal.(prisoner litigation)(Brief Article)
November 1, 2001... U.S. District Court HYGIENE ITEMS LAUNDRY HOT WATER SINKS TOILETS Benjamin v. Fraser. 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions...

Immunity.(Brief Article)
November 1, 2001... U.S. District Court FEDERAL TORT CLAIMS ACT ABSOLUTE IMMUNITY Brown v. McElroy. 160 F.Supp.2d 699 (S.D.N.Y. 2001). A prisoner brought an action against the Immigration and Naturalization Service (INS) and Public Health Service...

Juveniles.(Brief Article)
November 1, 2001... U.S. District Court TRIAL AS ADULT Steele v. Withrow, 157 F.Supp.2d 734 (E.D.Mich. 2001). An inmate in state court custody sought a writ of habeas corpus alleging the trial court abused its discretion by sentencing him as an adult. The...

Liability.
November 1, 2001... U.S. District Court CONSENT DECREE-TERMINATION Benjamin v. Fraser, 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for pretrial detainees in New York...

Mail.(Brief Article)
November 1, 2001... U.S. District Court PROHIBITION-PUBLICATIONS Broulette v. Starns, 161 F.Supp.2d 1021 (D.Ariz. 2001). A state inmate brought a [section] 1983 action alleging that prison officials wrongfully withheld copies of an adult magazine to which...

Medical care.
November 1, 2001... U.S. District Court DELIBERATE INDIFFERENCE FAILURE TO PROVIDE CARE Abdus-Samad v. Greiner. 158 F.Supp.2d 307 (S.D.N.Y. 2001). A prisoner brought a [section] 1983 action against a superintendent and other prison officials,...

Mental problems (Prisoner).(Brief Article)
November 1, 2001... U.S. District Court SEX OFFENDERS Rogers v. Illinois Dept. of Corrections Spec. Unit 160 F.Supp.2d 972 (N.D.IIL 2001). Present and former civil detainees in state correctional centers brought an action against psychologists who had...

Personnel.(Brief Article)
November 1, 2001... U.S. District Court ADA- Americans with Disabilities Act DISCRIMINATION FREE SPEECH RETALIATION EQUAL PROTECTION Greco v. County of Nassau 146 F.Supp.2d 232 (E.D.N.Y. 2001). A county corrections officer brought state...

Pretrial detention.
November 1, 2001... U.S. District Court CONDITIONS SANITATION Benjamin v. Fraser 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for pretrial detainees in New York City...

Privacy.(Brief Article)
November 1, 2001... U.S. Appeals Court ATTORNEY-CLIENT COMMUNICATION Benjamin v. Fraser 264 F.3d 175 (2nd Cir. 2001). A city corrections department moved for immediate termination of consent decrees requiring judicial supervision over restrictive housing,...

Programms- prisoner.(Brief Article)
November 1, 2001... U.S. District Court ALCOHOL/DRUG Garvin v. Terhune 157 F.Supp.2d 416 (D.N.J. 2001). A prisoner brought a [ss] 1983 action challenging the decision by prison officials to deny him reduced custody status because he refused to participate...

Property-prisoner personal.(Brief Article)
November 1, 2001... U.S. Appeals Court DISPOSITION OF FUNDS Arsberry v. Illinois. 244 F.3d 558 (7th Cir. 2001). Prison and jail inmates, inmates' families, and a public-interest law firm brought an action against a state, state agencies and officials, and...

Release.(Brief Article)
November 1, 2001... U.S. District Court PAROLE-GRANTING PAROLE-DUE PROCESS EX POST FACTO Crump v. Kansas 143 F.Supp.2d 1256 (D.Kan. 2001). An inmate who was denied paroled filed a [section] 1983 action against a state claiming that procedures...

Religion.(Brief Article)
November 1, 2001... U.S. Appeals Court WORK OPPORTUNITY TO PRACTICE Clark v. Long, 255 F.3d 555 (8th Cir. 2001). A Muslim inmate sued prison officials alleging violation of his First Amendment rights because he was compelled to wash pans containing...

Rules and regulations- prisoner.
November 1, 2001... U.S. District Court MEDIA ACCESS Broulette v. Starns, 161 F.Supp.2d 1021 (D.Ariz. 2001). A state inmate brought a [section] 1983 action alleging that prison officials wrongfully withheld copies of an adult magazine to which he...

Safety and security.(Brief Article)
November 1, 2001... U.S. Appeals Court PRETRIAL DETAINEES RESTRAINTS Benjamin v. Fraser 264 F.3d 175 (2nd Cir. 2001). A city corrections department moved for immediate termination of consent decrees requiring judicial supervision over restrictive...

Sanitation.(Brief Article)
November 1, 2001... U.S. District Court HOUSEKEEPING RODENTS/PESTS HOT WATER LAUNDRY Benjamin v. Fraser. 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for...

Standards.(Brief Article)
November 1, 2001... U.S. District Court PROFESSIONAL STANDARDS Benjamin v. Fraser. 161 F.Supp.2d 151 (S.D.N.Y. 2001). Department of Corrections officials who had entered into a consent decree governing conditions for pretrial detainees in New York City...

Training.(Brief Article)
November 1, 2001... U.S. District Court FAILURE TO TRAIN Broulette v. Stains 161 F.Supp.2d 1021 (D.Ariz. 2001). A state inmate brought a [ss] 1983 action alleging that prison officials wrongfully withheld copies of an adult magazine to which he...

Transfers.(Brief Article)
November 1, 2001... U.S. District Court PRIVATE FACILITY OTHER STATE Berdine v. Sullivan, 161 F.Supp.2d 972 (E.D.Wis. 2001). A state prisoner brought a [section] 1983 action alleging that his transfer to an out-of-state correctional facility violated...

Use of force.(Brief Article)
November 1, 2001... U.S. Appeals Court EXCESSIVE FORCE PEPPER SPRAY Despain v. Uphoff, 264 F.3d 965 (10th Cir. 2001). A prison inmate brought a [section] 1983 action against prison officials alleging Eighth Amendment violations. The district court...

Visiting.(Brief Article)
November 1, 2001... U.S. Appeals Court ATTORNEY Benjamin v. Fraser 264 F.3d 175 (2nd Cir. 2001). A city corrections department moved for immediate termination of consent decrees requiring judicial supervision over restrictive housing, inmate...

Work-prisoner.(Brief Article)
November 1, 2001... U.S. Appeals Court RELIGION Clark v. Long, 255 F.3d 555 (8th Cir. 2001). A Muslim inmate sued prison officials alleging violation of his First Amendment rights because he was compelled to wash pans containing pork. The district court...