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Jenkins v. Haubert, No. 98-2408 (2nd Cir.) (179 F.3d 19) (May 26, 1999) (Judge John M. Jr. Walker)

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

Filed under: Punch And Jurists, Civil Rights Violations

Jenkins v. Haubert, No. 98-2408 (2nd Cir.) (179 F.3d 19) (May 26, 1999) (Judge John M. Jr. Walker) by Here the Court ruled that prisoners can bring civil rights suits alleging constitutional violations arising from intra-prison disciplinary sanctions, since such claims relate to conditions of confiement and not the length …

Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice)

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

Filed under: Punch And Jurists, Prison Conditions

Ruiz v. Johnson, No. Civ.A. H-78-987 (S.D.Tex.) (37 F.Supp.2d 855) (March 1, 1999) (William Wayne Justice) by QUOTE OF THE WEEK - Following an epic trial that lasted 159 days and included the testimony of 349 witnesses, Judge William Wayne Justice concluded in 1980 that the prisoners housed in the …

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder)

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

Filed under: Punch And Jurists, Prison Mail

Crofton v. Roe, No. 97-35121 (9th Cir.) (170 F.3d 957) (March 26, 1999) (Judge Mary M. Schroeder) by Here the Court struck down a Washington State prison regulation that prohibited the receipt by prisoners of gift publications, holding that the regulation had no rational relationship to penological concerns and violated …

Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (168 F.3d 1360) (March 22, 1999) (Per Curiam)

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

Filed under: Punch And Jurists, Prison Conditions

Franklin v. District of Columbia, No. 97-7162 (D.C. Cir.) (168 F.3d 1360) (March 22, 1999) (Per Curiam) by Here the D.C. Circuit declined en banc review of its earlier decision vacating broad remedial measures imposed by the district court despite the assertions of two judges that the decision ignored most …

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter)

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

Filed under: Punch And Jurists, Deliberate Indifference

McNally v. Prison Health Services, Inc., No. CIV. 98-290-P-C (D.Me.) (28 F.Supp.2d 671) (December 8, 1998) (Judge Gene Carter) by Court held that prisoner's allegations of denial of medication to treat HIV was sufficient allegation of deliberate indifference to prevent dismissal of complaint for damages on summary judgment basis.

U.S. v. Walsh, No. 96-CR-1C(sc). (W.D.N.Y.) (27 F.Supp.2d 186) (July 14, 1998) (Judge John T. Curtin)

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

Filed under: Punch And Jurists, Civil Rights Violations

U.S. v. Walsh, No. 96-CR-1C(sc). (W.D.N.Y.) (27 F.Supp.2d 186) (July 14, 1998) (Judge John T. Curtin) by This case brings us another example of a topic that is beginning to appear on the front pages of most American newspapers - prison brutality and bestiality. It also brings us this year's …

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Prison Conditions

White v. Fauver, No. Civ.A. No. 97-5127 (D.N.J.) (19 F.Supp.2d 305) (September 29, 1998) (Judge Stephen M. Orlofsky) by In this case a class of inmates at Bayside State Correctional Facility filed a civil rights action, alleging that the guards had engaged in a pattern of physical abuse, threats and …

Johnson v. Avery, No. 40 (U.S. Supreme Court) (393 U.S. 483; 89 S.Ct. 747) (February 24, 1969) (Justice Fortas)

Article • August 3, 1998

Filed under: Punch And Jurists, Prison Conditions

Johnson v. Avery, No. 40 (U.S. Supreme Court) (393 U.S. 483; 89 S.Ct. 747) (February 24, 1969) (Justice Fortas) by Case held that unless the State provides some reasonable alternative to assist inmates in their legal work, it cannot validly enforce a regulation barring inmates from furnishing such assistance to …

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Prison Conditions

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson) by Judge Baer comments on the growing reversion of prison practices to the Puritanical punishment factors that governed prisons in the nation's early history. QUOTE OF THE WEEK - The philosophy that directs the …

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Prison Mail

Mauro v. Arpaio, No. 97-16021 (9th Cir.) (147 F.3d 1137) (July 2, 1998) (Judge Betty Binns Fletcher) by Here the Court held that the regulation at issue, which resulted in a denial of an inmate's request to receive Playboy Magazine, was facially overbroad and could not be rendered valid by …

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson)

Article • August 1, 1998 • from P&J August, 1998

Filed under: Punch And Jurists, Prison Conditions

Austin v. Hopper, No. 95-T-637-N (M.D.Ala.) (15 F.Supp.2d 1210) (August 10, 1998) (Judge Myron H. Thompson) by As noted in our Quote of the Week below, "the degree of civilization in a society is revealed by entering its prisons". That message cannot leave one with a comfortable feeling after reading …

Bass v. Singletary, No. 96-3095 (11th Cir.) (143 F.3d 1442) (June 19, 1998) (Judge Paul H. Roney)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Prison Regulations

Bass v. Singletary, No. 96-3095 (11th Cir.) (143 F.3d 1442) (June 19, 1998) (Judge Paul H. Roney) by Case held that a prison regulation which treated legal papers of one inmate found in the possession of another as contraband did not violate the inmates' right of access to the courts …

Beerheide v. Zavaras, No. Civ. No. 95-B-2325 (D.Colo.) (997 F.Supp. 1405) (March 16, 1998) (Judge Lewis T. Babcock)

Article • July 1, 1998 • from P&J July, 1998

Filed under: Punch And Jurists, Prison Conditions

Beerheide v. Zavaras, No. Civ. No. 95-B-2325 (D.Colo.) (997 F.Supp. 1405) (March 16, 1998) (Judge Lewis T. Babcock) by This is one of those rare cases in which the Court actually granted a preliminary injunction against prison officials due to their failure to provide three prisoners, who were Orthodox Jews, …

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia)

Article • June 7, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Wilson v. Seiter, No. 89-7376 (U.S. Supreme Court) (501 U.S. 294; 111 S.Ct. 2321) (June 17, 1991) (Justice Scalia) by In this case, the Court explained the difference between what it perceived were two general categories of Eighth Amendment claims in the prison setting: those involving "conditions of confinement" and …

Scott v. District of Columbia, No. 97-7064 (D.C. Cir.) (139 F.3d 940) (April 3, 1998) (Judge A. Raymond Randolph)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Prison Conditions

Scott v. District of Columbia, No. 97-7064 (D.C. Cir.) (139 F.3d 940) (April 3, 1998) (Judge A. Raymond Randolph) by

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate)

Article • April 1, 1998 • from P&J April, 1998

Filed under: Punch And Jurists, Access To Courts

U.S. v. Beckwith, No. 97-CR-176 K (D.Utah) (987 F.Supp. 1345) (December 23, 1997) (Judge Magistrate) by This is one of those indigent pro se prisoner cases, routinely was assigned to a Magistrate Judge, which just may have produced some unintended and highly provocative results. The Magistrate’s Memorandum and Order revealed …

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998) (Judge Walker) Shepherd v. Ault, 982 F.Supp. 643 (N.D.Iowa 1997) (Judge Bennett) McDuffie v. Hopper, 982 F.Supp. 817 (M.D.Ala. 1997) (Judge …

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Civil Rights Violations

Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings) by

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Prison Conditions

McDuffie v. Hopper, No. Civ. A. 96-A-1300-N (M.D.Ala.) (982 F.Supp. 817) (October 23, 1997) (Judge William H. III Albritton) by Famous quote from Justice Brennan in which he vividly described the "netherworld" of prison life where people live in conditions totally controlled by governmental power. QUOTE OF THE WEEK - …

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins)

Article • February 1, 1998 • from P&J February, 1998

Filed under: Punch And Jurists, Deliberate Indifference

Rish v. Johnson, No. 96-7889 (4th Cir.) (131 F.3d 1092) (December 18, 1997) (Judge William W. Jr. Wilkins) by Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. Kralik, 981 F.Supp. 830 (S.D.N.Y. 1997) (Judge Cote) These two cases are noted because they present a current …