by Ronald Young
The court of appeals for the Fifth circuit held that a prisoner's claim based on custodial classification was frivolous, and the prisoner's Eighth Amendment claim was frivolous insofar as it sought damages for emotional suffering. The court also held that the prisoner stated a non-frivolous Eighth Amendment ...
The court of appeals for the Seventh circuit held that the fact issue as to whether an arrestee's detention without a probable cause hearing resulted from the sheriff's deliberate decision not to monitor detainees brought to jail by outside agencies precluded summary judgement for the sheriff on an official capacity ...
The court of appeals for the Fifth circuit held that a prisoner's Fourth Amendment claim alleging unreasonable multiple strip searches performed on him by a female guard were not frivolous, as would warrant dismissal under the PLRA. The court also held that the Fourth Amendment, rather than the Eighth Amendment, ...
By Ronald Young
The court of appeals for the Seventh circuit held that a California state court's designation of a prisoner's sentence as concurrent with his prior federal sentence created no obligation on the U.S. Attorney General to provide the prisoner with credit for time served in state prison. The ...
By Ronald Young
The court of appeals for the Ninth circuit held that the Bureau of Prisons' (BOP) regulation conditioning a sentence on completion of a community-based treatment program was a reasonable and permissible construction of the statute that allows sentence reduction for prisoners who have completed a residential substance ...
The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials.
Juan Gomez, a Texas state prisoner at the Eastham Unit, filed a civil ...
The court of-appeals for the Fourth circuit held that a parolee's interest in his continued liberty crystallized during his two years of successful parole, even though he had been released in error, requiring strict scrutiny of the State's intentional infringement of that interest. The court also held that in this ...
ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's health services director was deliberately indifferent to a prisoner's ...
The 1200-bed Lea County Correctional Facility (LCCF), a New Mexico state prison operated by Florida-based Wackenhut Corrections Corp., has been plagued by nine prisoner stabbings during its first six months of operation, including two that resulted in the deaths of two prisoners.
Jose Montoya, a 44-year-old LCCF prisoner, died December ...
The court of appeals for the Fifth circuit affirmed a lower court's dismissal of a prisoner's 42 U.S.C.A. § 1983 claims for failure to exhaust administrative remedies prior to filing suit as required by 42 U.S.C. § 1997e. However, the claims were dismissed without prejudice and the prisoner was able ...
