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Prisons & Jails

May 30, 2012

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

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...

May 18, 2012

Prisons & Jails – Constitutional – Pretrial Detainee – Suicide – Deliberate Indifference Claim

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...

May 18, 2012

Prisons & Jails – Civil Rights – Religion – Beard Policy – Health & Security Concerns

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.

Apr 11, 2012

Labor & Employment – Public Employees – Prisons & Jails – Reduction-in-Force – Creation & Implementation – Recall Right – Teachers’ Pay Schedule

Bell v. South Carolina Department of Corrections Although the Department of Corrections was not required to consult with the Palmetto Unified School District (which serves correctional facilities) when budget cuts prompted the DOC to develop a reduction-in-force plan, the implementation of the RIF violated the petitioner-teachers’ rights when they were denied the right to be recalled fo[...]

Mar 21, 2012

Civil Rights – Prisons & Jails – ‘Three-Strikes’ Prisoner – Frequent Filings – State-Court Remand

Lisenby v. Lear A federal district court could not remand to state court a prisoner’s pro se filing based in part of plaintiff’s status as a “three-strikes” prisoner due to his frequent legal filings, and the 4th Circuit reverses the remand order and reinstates plaintiff’s complaint for further proceedings.

Sep 21, 2011

Prisons & Jails – Civil Rights – Constitutional – Eighth Amendment

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 [...]

Sep 21, 2011

Prisons & Jails – Civil Rights – ADA – Crutches Withheld – SCTCA

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 count[...]

Dec 23, 2010

Tort/Negligence – Civil Conspiracy – SCTCA – Labor & Employment – Public Employees – Prisons & Jails

Pridgen v. Ward. Plaintiff's evidence allowed a jury to conclude that defendants - a group of S.C. Department of Corrections (SCDC) employees - conspired and violated SCDOC policy in order to have plaintiff fired from his position with SCDOC. We affirm the . . .

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