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Prisons & Jails – Constitutional – Due Process & Ex Post Facto Clauses – Parole Denial Policy – Violent Offenders (access required)

By S.C. Lawyers Weekly staff
Published: July 11,2012

Burnette v. Fahey Plaintiff Virginia inmates have not stated due process and ex post facto claims against defendant members of the Virginia Parole Board in their official capacities for an alleged policy of denying parole to parole-eligible inmates convicted of violent offenses; the 4th Circuit affirms dismissal of the inmates’ complaint.


Prisons & Jails – Civil Rights – ‘3 Strikes’ Dismissal – Inmate’s Appeal (access required)

By S.C. Lawyers Weekly staff
Published: June 6,2012

Henslee v. Keller In an inmate’s suit alleging prison barbers do not sanitize equipment and put inmates at risk for infection, the district court’s dismissal of the suit cannot act as “strike three” that prevents the inmate from gaining IFP status to appeal the dismissal; the 4th Circuit joins the majority of federal appellate courts to consider the question to hold that a district court dismissal may not act as a third strike under the Prison Litigation Reform Act, 28 U.S.C. § 1915A.


Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim (access required)

By S.C. Lawyers Weekly staff
Published: May 18,2012

Millmine v. Harris In the light most favorable to plaintiff, the evidence and permissible inferences indicate that the defendant-correctional officers knew that plaintiff’s decedent was on suicide watch and had been prohibited from having any potentially dangerous materials – such as tearable fabric...


Prisons & Jails – Civil Rights – Religion – Beard Policy – Health & Security Concerns (access required)

By S.C. Lawyers Weekly staff
Published: May 18,2012

Couch v. Jabe Virginia prison officials failed to show how allowing a Sunni Muslim inmate to wear a one-eighth-inch beard would implicate prison health or security concerns, and the 4th Circuit vacates summary judgment for defendant officials in the inmate’s suit under the Religious Land Use and Institutionalized Persons Act.


Prisons & Jails – Civil Rights – Constitutional – Eighth Amendment (access required)

By S.C. Lawyers Weekly staff
Published: September 21,2011

Moore v. Laurens County Plaintiff brings his Eighth Amendment claim against the defendant Department of Corrections (DOC) under 42 U.S.C. § 1983; however, as an administrative agency of the State of South Carolina, DOC does not qualify as a person subject to suit under ¤ 1983. Plaintiff’s federal claims are dismissed with prejudice. The court declines to exercise jurisdiction over plaintiff’s state claims, and they are dismissed without prejudice.


Prisons & Jails – Civil Rights – ADA – Crutches Withheld – SCTCA (access required)

By S.C. Lawyers Weekly staff
Published: September 21,2011

Moore v. Laurens County Where the defendant-county asserts that the county jail prohibited plaintiff from using his crutches only because the crutches were a potential weapon, and where plaintiff does not allege the jail prohibited his use of crutches on the basis of his disability, plaintiff has not made out a claim under the Americans with Disabilities Act. The court grants the county’s motion for summary judgment.


Prisons & Jails – Parole Hearing – DOC – Prisoner’s Information – Unprosecuted Charges – Historical Facts (access required)

By S.C. Lawyers Weekly staff
Published: May 3,2011

Compton v. South Carolina Department of Corrections The Department of Corrections is enjoined from forwarding to the parole board information about escape charges that were brought against the respondent-prisoner but never prosecuted; however, ...


Prisons & Jails – Civil Rights – Prison Inmate – Filing Fee – Multiple Pending Suits (access required)

By S.C. Lawyers Weekly staff
Published: July 26,2010

Civil Rights - Prison Inmate - Filing Fee - Multiple Pending Suits


Prisons & Jails – Civil Rights – Prison Inmate – Deliberate Indifference – Inmate Assault (access required)

By S.C. Lawyers Weekly staff
Published: July 26,2010

Civil Rights - Prison Inmate - Deliberate Indifference - Inmate Assault


Prisons & Jails – Constitutional – Cruel & Unusual Punishment – Prison Biscuits – Hemorrhoids – Failure to Exhaust Administrative Remedies – Immunity (access required)

By S.C. Lawyers Weekly staff
Published: May 24,2010

Constitutional - Cruel & Unusual Punishment - Prison Biscuits - Hemorrhoids - Failure to Exhaust Administrative Remedies - Immunity


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