43. Transfers.U.S. District Court LIBERTY INTEREST Fermin-Rodriguez v. Westchester County Jail Med., 191 F.Supp.2d 358 (S.D.N.Y. 2002). An inmate brought a pro se [section] 1983 action against county jail and federal law enforcement officials. The district court dismissed the case, finding that the inmate had no liberty interest in being returned to a state prison from a county jail, and that the delay in returning the inmate to state detainee de·tain·ee n. A person held in custody or confinement: a political detainee. Noun 1. detainee - some held in custody political detainee status was not a due process violation. The court noted that prison officials generally have discretion to transfer an inmate from one correctional facility to another. The inmate had claimed that conditions in the state correctional facility were superior to those in a county jail. (Westchester County Jail, New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of ) U.S. Appeals Court INTERSTATE COMPACT A voluntary arrangement between two or more states that is designed to solve their common problems and that becomes part of the laws of each state. Interstate compacts in the United States were first used by the American colonies to settle boundary disputes. Halpin v. Simmons, 33 Fed.Appx. 901 (10th Cir. 2002). A prisoner brought a [section] 1983 action and the district court dismissed the claim. The appeals court affirmed in part, reversed and remanded in part. The appeals court held that a violation of the Interstate Corrections Compact (ICC ICC See: International Chamber of Commerce ) was not a violation of federal law and therefore could not be subject to a [section] 1983 action. The appeals court found that the prisoner stated an Eighth Amendment claim of deliberate indifference to his medical condition when he alleged that authorities ignored his repeated requests for treatment of a severe heart condition and for gastric pain. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the prisoner, officials also refused to provide heart medication and to honor a prohibition on Cardiologists had ordered stair climbing Stair climbing is the climbing of a flight of stairs. It is often described as a "low-impact" exercise, often for people who have recently started trying to get in shape. A common phrase in health pop culture is "Take the stairs, not the elevator". that. (Florida Department Florida is a department (departamento) of Uruguay. Population and Demographics As of the census of 2004, there were 68,181 people and 21,938 households in the department. The average household size was 3.1. For every 100 females, there were 100.4 males. of Corrections, Kansas Department of Corrections) U.S. Appeals Court PRIVATE FACILITY Martinez v. Johnson, 33 Fed.Appx. 395 (10th Cir. 2002). A state prisoner brought a [section] 1983 action challenging his confinement in privately owned correctional facilities. The district court dismissed all claims and the appeals court affirmed. The appeals court held that the prisoner's claims that officials in the privately owned prison violated state laws and contract requirements, did not violate any federal constitutional right so as to support a [section] 1983 claim. (New Mexico) U.S. Appeals Court RETALIATION Toolasprashad v, Bureau of Prisons, 286 F.3d 576 (D.C. Cir. 2002). A prisoner who was allegedly transferred and reclassified as a "special offender" in retaliation for exercising his First Amendment rights, brought a pro se action for violation of the Privacy Act. The district court dismissed the case and the prisoner appealed. The appeals court reversed and remanded, finding that the prisoner adequately alleged the first three elements of a Privacy Act claim for damages: inaccurate records, agency intent, and proximate proximate /prox·i·mate/ (prok´si-mit) immediate or nearest. prox·i·mate adj. Closely related in space, time, or order; very near; proximal. proximate immediate; nearest. causation. The inmate alleged that he was transferred in retaliation for filing grievances. (Federal Correctional Institutions in Allenwood, Pennsylvania, and Marianna, Florida) |
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