Summary Judgment Denied in California Jail Excessive Force Death; $8.3 Million Settlement Plus Injunctive Relief
by Mark Wilson
In April 2014, a California federal district court denied summary judgment to jail guards and medical staff in a case involving the death of a detainee caused by Tasing and severe beating …
Cell phones are “Dangerous Contraband” for New York Felony Contraband Possession
by Mark Wilson
On May 8, 2014, a New York Supreme Court Appellate Division held that cell phones constitute “dangerous contraband” under the state’s felony contraband possession statute.
Pursuant to New York law, a prisoner’s possession of non-dangerous contraband …
Ninth Circuit: 27-Month Segregation Implicates Due Process Liberty Interest
by Mark Wilson
On May 4, 2014, in a corrected decision, the Ninth Circuit Court of Appeals held that lengthy segregation without periodic, meaningful reviews may give rise to a protected liberty interest.
In addition to general population housing, the Oregon …
Ninth Circuit: No Summary Judgment on Male Guard Supervision of Female Prisoners Ban
by Mark Wilson
The Ninth Circuit Court of Appeals held on July 2, 2014 that a claim that a jail policy banning male guards from supervising female prisoners violates Title VII’s prohibition against sex discrimination could not …
Oregon Probation Extended for Inability to Pay Financial Obligations
by Mark Wilson
In a July 9, 2014 ruling, the Oregon Court of Appeals upheld a trial court’s extension of probation for failure to pay financial obligations due to poverty. The Court of Appeals concluded that Bearden v. Georgia, 461 …
Third Circuit Affirms Nominal Damages, Reverses PLRA Fee Cap Order
by Mark Wilson
On March 28, 2014, a New Jersey federal district court refused to reduce a prisoner’s attorney fee award to $1.50 (i.e., 150% of his $1.00 nominal damages award) pursuant to the Prison Litigation Reform Act (PLRA), in …
Ninth Circuit: Abstention Inapplicable in First Amendment Cases
by Mark Wilson
On April 7, 2014, the Ninth Circuit Court of Appeals held that a district court had improperly abstained from hearing a claim that a state court violated the First Amendment by denying prompt access to newly-filed complaints.
Courthouse News …
Eighth Circuit: Atheist Prisoner States Coerced Religious-Based Treatment Claim
by Mark Wilson
On March 28, 2014, the EighthCircuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s coerced religious-based treatment claim.
Missouri prisoner Randall Jackson is an atheist who was required to attend the Offenders Under …
Eighth Circuit Reverses Dismissal of Prisoner’s ADA/RA Claims
by Mark Wilson
The Eighth Circuit has reversed in part the dismissal of a Missouri prisoner’s claims related to accommodation of his disabilities.
In 2004, Missouri Department of Corrections (MDOC) prisoner Robert Dinkins began suffering blackouts, weakness and difficulty walking. The prison …
Ninth Circuit: Indefinite Stay and Denial of Guardian was Abuse of Discretion
by Mark Wilson
On March 24, 2014, the Ninth Circuit held that a district court had abused its discretion in refusing to appoint a guardian ad litem for a pro se prisoner who was legally incompetent.
California state …
