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Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman)

Article • June 1, 2002 • from P&J June, 2002

Filed under: Punch And Jurists, Prison Mail

Sorrels v. McKee, No. 01-35222 (9th Cir.) (290 F.3d 965) (May 17, 2002) (Judge Barry G. Silverman) by Here the Court held that a deprivation caused by conduct pursuant to established state procedure, rather than random and unauthorized action, does state a claim under 42 U.S.C.S. § 1983 and entitles …

Beerheide v. Suthers, No. 00-1086 (10th Cir.) (286 F.3d 1179) (April 11, 2002) (Judge Stephanie K. Seymour)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Prison Conditions

Beerheide v. Suthers, No. 00-1086 (10th Cir.) (286 F.3d 1179) (April 11, 2002) (Judge Stephanie K. Seymour) by Here the Defendants, Colorado Department of Corrections (DOC) and related individuals, appealed from an order of the United States District Court for the District of Colorado holding that plaintiffs, prisoners' First Amendment …

Sorrels v. McKee, No. 01-35222 (9th Cir.) (287 F.3d 1213) (May 2, 2002) (Judge Barry G. Silverman)

Article • May 1, 2002 • from P&J May, 2002

Filed under: Punch And Jurists, Prison Mail

Sorrels v. McKee, No. 01-35222 (9th Cir.) (287 F.3d 1213) (May 2, 2002) (Judge Barry G. Silverman) by Here the Court again affirmed that a prison's no-gift publications policy which prevented him from receiving books violated the prisoner's First Amendment rights - although it upheld a claim of immunity by …

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist)

Article • January 27, 2002

Filed under: Punch And Jurists, Prison Conditions

Bell v. Wolfish, No. 77-1829 (U.S. Supreme Court) (441 U.S. 520; 99 S.Ct. 1881) (May 14, 1979) (Justice Rehnquist) by This case involves a class action lawsuit challenged the legality of conditions facing pretrial detainees in a New York City correctional facility. Petitioners claimed that double-bunking, restrictions on reading materials …

Jones-El v. Berge, No. 00-C-421-C (W.D.Wisc.) (164 F.Supp.2d 1096) (October 10, 2001) (Judge Barbara B. Crabb)

Article • November 1, 2001 • from P&J November, 2001

Filed under: Punch And Jurists, Prison Conditions

Jones-El v. Berge, No. 00-C-421-C (W.D.Wisc.) (164 F.Supp.2d 1096) (October 10, 2001) (Judge Barbara B. Crabb) by Here the Court granted the plaintiff inmates an injunction prohibiting prison officials from holding mentally ill inmates in segregation, equating the practice to "placing an asthmatic in a place with little air to …

Ali v. Johnson, No. 00-10777 (5th Cir.) (259 F.3d 317) (July 11, 2001) (Judge Edith H. Jones)

Article • September 1, 2001 • from P&J September, 2001

Filed under: Punch And Jurists, Prison Conditions

Ali v. Johnson, No. 00-10777 (5th Cir.) (259 F.3d 317) (July 11, 2001) (Judge Edith H. Jones) by Here the Court held that prisoners sentenced to incarceration cannot state a viable Thirteenth Amendment claim if the prison system requires them to work since under those conditions "no issue of peonage …

McCarthy v. Bronson, No. 90-5635 (U.S. Supreme Court) (500 U.S. 136; 111 S.Ct. 1737) (May 20, 1991) (Justice Stevens)

Article • May 29, 2001

Filed under: Punch And Jurists, Prison Conditions

McCarthy v. Bronson, No. 90-5635 (U.S. Supreme Court) (500 U.S. 136; 111 S.Ct. 1737) (May 20, 1991) (Justice Stevens) by In this case the Court addressed a provision of the prison litigation statutes, namely 28 U.S.C. § 636(b)(1)(B), which authorized the nonconsensual reference to magistrate judges of "prisoner petitions challenging …

U.S. v. Francis, No. 98 CR. 606(RPP) (S.D.N.Y.) (129 F.Supp.2d 612) (January 25, 2001) (Judge Robert P. Jr. Patterson)

Article • April 1, 2001 • from P&J April, 2001

Filed under: Punch And Jurists, Prison Conditions

U.S. v. Francis, No. 98 CR. 606(RPP) (S.D.N.Y.) (129 F.Supp.2d 612) (January 25, 2001) (Judge Robert P. Jr. Patterson) by Here Judge Patterson held that a downward departure at sentencing was warranted in the case of a defendant who was held for some 13 months of his pre-sentence confinement in …

Daskalea v. District of Columbia, No. 98-7207 (D.C. Cir.) (227 F.3d 433) (August 8, 2000) (Judge Merrick B. Garland)

Article • November 1, 2000 • from P&J November, 2000

Filed under: Punch And Jurists, Prison Conditions

Daskalea v. District of Columbia, No. 98-7207 (D.C. Cir.) (227 F.3d 433) (August 8, 2000) (Judge Merrick B. Garland) by Early in this opinion, Judge Garland ominously noted that “[t]his is not the first time federal courts have reviewed charges of sexual abuse by D.C. correctional officers against female inmates.” …

Estelle v. Gamble, No. 75-929 (U.S. Supreme Court) (429 U.S. 97; 97 S.Ct. 285) (November 30, 1976) (Justice Marshall)

Article • June 21, 2000

Filed under: Punch And Jurists, Prison Conditions

Estelle v. Gamble, No. 75-929 (U.S. Supreme Court) (429 U.S. 97; 97 S.Ct. 285) (November 30, 1976) (Justice Marshall) by Here the Court held that deliberate indifference by prison personnel to a prisoner's serious illness or injury constitutes cruel and unusual punishment contravening the Eight Amendment. This is one of …

Handberry v. Thompson, No. 96 CIV. 6161(CBM) (S.D.N.Y.) (92 F.Supp.2d 244) (March 13, 2000) (Judge Constance Baker Motley)

Article • May 1, 2000 • from P&J May, 2000

Filed under: Punch And Jurists, Prison Conditions

Handberry v. Thompson, No. 96 CIV. 6161(CBM) (S.D.N.Y.) (92 F.Supp.2d 244) (March 13, 2000) (Judge Constance Baker Motley) by In a broad decision that could have a huge financial impact on many municipalities, District Judge Motley granted declaratory judgment, under 28 U.S.C. §§ 2201 and 2202, to a class of …

Booth v. Churner, No. 97-7487 (3rd Cir.) (206 F.3d 289) (March 7, 2000) (Judge Edward R. Becker)

Article • April 1, 2000 • from P&J April, 2000

Filed under: Punch And Jurists, Prison Conditions

Booth v. Churner, No. 97-7487 (3rd Cir.) (206 F.3d 289) (March 7, 2000) (Judge Edward R. Becker) by The appellant in this case filed an action pursuant to 42 U.S.C. § 1983, seeking damages and injunctive relief against several prison guards based on claims of the use of excessive force …

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Prison Conditions

Schmidt v. Odell, No. 97-1367-WEB (D.Kan.) (64 F.Supp.2d 1014) (July 7, 1999) (Judge Wesley E. Brown) by QUOTE OF THE WEEK - “Punishing the Country - America’s Fixation on Prisons” Last week columnist Anthony Lewis of The New York Times noted that, by February 15,2000, the population of America’s prisons …

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams)

Article • November 1, 1999 • from P&J November, 1999

Filed under: Punch And Jurists, Prison Mail

Altizer v. Deeds, No. 97-7111 (4th Cir.) (191 F.3d 540) (September 7, 1999) (Judge Karen J. Williams) by The Court of Appeals held that the policy of opening and inspecting a prisoner's outgoing mail is reasonably related to legitimate penological goals and therefore constitutional. This case involves the appeal of …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (188 F.3d 1054) (August 17, 1999) (Judge Thomas G. Nelson) by In this case the court addressed the constitutionality of a policy issued by the Maricopa County Sheriff prohibiting inmates from possessing “sexually explicit” material. Mauro, an inmate in the County jail filed …

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter)

Article • October 1, 1999 • from P&J October, 1999

Filed under: Punch And Jurists, Deliberate Indifference

Snider v. Dylag, No. 98-2271 (2nd Cir.) (188 F.3d 51) (August 23, 1999) (Judge Ralph K. Jr. Winter) by This case calls to mind the question once asked by the Roman scholar Juvenal: "Quis custodiet ipsos custodes"- which, roughly translated, means "who will guard the guardians"? Here, reversing a decision …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey)

Article • September 1, 1999 • from P&J September, 1999

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (182 F.3d 400) (July 14, 1999) (Judge Martha Craig Daughtrey) by On this denial of a rehearing en banc, the Court slightly modified its prior decision reported at 173 F.3d 958, vacting final injunction granted by the district court to prevent prison officials …

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Detainers - Generally

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw) by Case held that BOP rule excluding prisoners with detainers from sentence reduction eligibility under substance abuse statute was valid exercise of BOP's authority and did not deprive prisoners subject to INS detainers …

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Detainers - Generally

McLean v. Crabtree, No. 98-35675 (9th Cir.) (173 F.3d 1176) (April 7, 1999) (Judge Kim McLane Wardlaw) by Here the appellants argued that the BOP violated their statutory and constitutional rights when it denied their requests for a sentence reduction under 18 USC § 3621(e)(2)(B) on the basis of INS …

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Access To Courts

Hadix v. Johnson, No. 96-2387 (6th Cir.) (173 F.3d 958) (April 1, 1999) (Judge Martha Craig Daughtrey) by Citing Lewis v. Casey, 518 U.S. 343 91996), the court held that inmates alleging a systemic violation of their right of access to the courts must show a "widespread actual injury".