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Tag Archives: Prisons & Jails

Administrative – Prisons & Jails – ALC Jurisdiction – Future Credits – Constitutional (access required)

Howard v. South Carolina Department of Corrections Pursuant to the current version of S.C. Code Ann. § 1-23-600(D), the Administrative Law Court may not hear prisoner appeals involving only the loss of the opportunity to earn sentence-related credits; however, the ALC must consider whether a prisoner’s appeal implicates a state-created liberty or property interest.

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Tort/Negligence – Negligent Supervision – Public Employees – Gross Negligence Standard – Prisons & Jails – Sexual Assault by Guard (access required)

Hamilton v. Charleston County Sheriff’s Department Plaintiff’s criminologist testified that defendant was grossly negligent because it had grossly violated nationally accepted standards by failing to (1) minimize contact between male officers and female inmates, (2) monitor the officers’ whereabouts, and (3) implement adequate supervision mechanisms such as cameras and locked doors.

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Criminal Practice – Prisons & Jails – Possession of Contraband – Shank in Shoe – Sentencing – Career Offender – Violent Crime (access required)

U.S. v. Mobley An inmate convicted of possessing contraband, after he was discovered with a shank in his shoe, can be sentenced as a career offender because possession of the shank qualified as a crime of violence under the federal sentencing guidelines, the 4th Circuit says.

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

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.

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

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.

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Criminal Practice – Prisons & Jails — Habeas Corpus – ‘Good Time’ Credits — Custody Grade (access required)

Waddell v. Dep’t of Correction A North Carolina prisoner whose 1975 death sentence was commuted to life in prison loses his challenge to the state’s application of “good time” credits to allegedly extend his sentence beyond his effective release date; the 4th Circuit upholds the district court decision that the prisoner’s habeas petition...

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

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...

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

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.

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