By John E. Dannenberg
The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT to convene a new suitability hearing within 30 days. ...
by Assistant Professor Margo Schlanger, Reprinted (soft back)
from the Harvard Law Review, Vol. 116, No.6, April 2003; 151 pp.
Review by John E. Dannenberg
Inmate Litigation is a scholarly analysis on the effectiveness of prisoner civil rights litigation filed under 42 U.S.C. § 1983 both before and after the ...
by John E. Dannenberg
King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails.
Jasmine Wells and Brian Walton, college students in Anchorage, Alaska, had come to Seattle on November 30, ...
California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard
by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals held that a California life prisoner's rescission of his unexecuted grant of parole by a rescission panel's finding of "improvident grant" of parole failed the "some ...
Exceeding Doctor's Work Limit Order Actionable
Under Eighth Amendment
by John E. Dannenberg
The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established daily limit, resulting in dangerous blood pressure elevation, was sufficient to state an ...
BOP Electric Musical Instrument Ban
Upheld by DC Circuit
by John E. Dannenberg
The US Court of Appeals for the DC Circuit upheld the BOP ban on electric musical instruments in federal prisons, rejecting prisoner arguments that the ban violated the Administrative Procedures Act (APA) as well as their First ...
by John E. Dannenberg
The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. Granting summary judgment to the plaintiff class, the US District Court (D. ...
Chief Medical Officer Liable On
Medical Policy Decisions
by John E. Dannenberg
The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife wound raised genuine issues of material fact sufficient to defeat prison officials' ...
Retaliation Claim Satisfied by Existence
of Major Misconduct Citation
by John E. Dannenberg
The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment retaliation claim was satisfied by the existence of a major misconduct charge.
Michigan ...
No Jurisdiction for Interlocutory Appeal Where
Evidence Is Disputed in Failure to Protect Suit
by John E. Dannenberg
The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment claim for damages arising from an attack by another prisoner, jurisdiction did not lie for the appellate court ...