The Third Circuit considered the process afforded noncitizens under 8 U.S.C. § 1226. That statute compels the Government to detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and hold them without bond pending their removal proceedings. The Third Circuit ruled that §…
The Third Circuit considered the process afforded noncitizens under 8 U.S.C. § 1226. That statute compels the Government to detain noncitizens who are removable because they committed certain specified offenses or have connections with terrorism, and hold them without bond pending their removal proceedings. The Third Circuit ruled that § 1226(c) is constitutional even as… Continue reading Gayle v. Warden Monmouth Co. Corr. Inst.
The Bureau of Prisons housed the inmate-plaintiff in a single cell with eleven other men. The plaintiff was a transgender woman. She was screened for her risk for sexual assault, and prison officials determined that she was at a “significantly” higher risk for sexual assault than other inmates because she presented as transgender, was small… Continue reading Shorter v. United States
The Third Circuit affirmed the District Court’s denial of summary judgment in a case where corrections officers “gratuitously beat” a pretrial detainee. Jacobs got into a fight with another inmate at Cumberland County Jail. Several minutes after the fight, a group of corrections officers forcibly removed Jacobs from the dorm. Jacobs sued, and the officers… Continue reading Jacobs v. Cumberland Co.
In Feliciano v. PA Dep’t of Corr., the Pennsylvania Commonwealth Court reset the standard by which the court can act in its original jurisdiction to potentially redress an alleged constitutional violation suffered by a prisoner at the hands of his jailers. Here, an inmate was found guilty of testing positive for a controlled substance after… Continue reading Feliciano v. PA Dep’t of Corr.
Laskaris v. Hice was a case of prisoner litigation. Such matters often do not end in the inmate’s favor. Here, in 2011, Laskaris received a Misconduct. After he was found guilty at the Misconduct hearing, Laskaris timely filed an appeal to the Program Review Committee. In 2014, when his grievance appeals were exhausted, Laskaris filed… Continue reading Laskaris v. Hice
In Johnson v. Wetzel, the Pennsylvania Supreme Court ruled that its holding in Bundy v. Wetzel, applies to inmates whose prison inmate accounts were subject to Act 84 deductions without the benefit of the safeguards enunciated in Bundy. Thus, due process required that the Department of Corrections, in response to an administrative grievance which accurately recites that… Continue reading Johnson v. Wetzel
In Mack v. Yost, citing the U.S. Supreme Court case of Ziglar v. Abbasi, the Third Circuit declined to extend a Bivens remedy for Mack’s First Amendment retaliation claims, which were brought in the context of prison workplace assignment.
Williams, an inmate in state prison, alleged that his rights were violated when he was fired from his job in the prison’s kitchen. He was fired after an officer discovered several pounds of sugar concealed in Williams’s boots. The Commonwealth Court granted summary declaratory and injunctive relief in favor of Williams. The PA Supreme Court… Continue reading Williams v. Wetzel
Between December 27, 2017, and March 30, 2018, Hardy filed no less than twelve grievances seeking medical care for the worsening condition of his leg, all of which were rejected on varying grounds. A few months after the last rejection, Hardy’s fears came to pass and medical staff determined it was necessary to amputate a… Continue reading Hardy v. Shaikh