Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis
The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) placement at one prison and when transferred to another prison was placed in continuing Ad Seg for ...
The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly do so.
Willie Mae Young was arrested by Little Rock police officer James Brown on a ...
A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional Center without further legal process. During that time, his mother _ duly appointed as Conservator for his Person and Estate ...
Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the Second Circuit US Court of Appeals held. It further held that a finding of "atypical and significant ...
The Ninth Circuit U.S. Court of Appeals held that Los Angeles County Jail prisoners who were kept beyond their release dates for the purpose of awaiting the completion of records searches for any outstanding warrants or detainers could sue for money damages under 42 USC § 1983.
The Los Angeles ...
The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from Eighth Amendment based civil liability claims because the wounded prisoner failed to factually establish in ...
by John E. Dannenberg
The U.S. District Court's (D.N.H.) PLRA based termination of a 1975 New Hampshire state prison consent decree was vacated and remanded to permit the prisoners an opportunity to demonstrate if there were any "current and ongoing" Constitutional violations that weighed against such termination.
Jaan Laaman led ...
ADA Claims Against State Cannot Proceed In Federal Court
In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in federal court under a combination of statutory and Eleventh Amendment bars. Such ADA ...
The California Public Utilities Commission (PUC) ordered MCI Telecommunications Corp. (MCI) to offset $522,458 in overcharges it made between June 14, 1996, and July 12, 1999, on MCI California Maximum Security Calls (i.e., California prisoner collect calls) by proportionately reducing the cost it charges for future such calls during its ...
by John E. Dannenberg
The Court of Appeals for the Sixth Circuit held that a prisoner could not maintain an access to the courts claim based on an action that has been dismissed as frivolous, but the plaintiff can proceed on a legal assistance retaliation claim. In doing so, the ...