The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously. John Doe alleged that he was arrested in the Village of Deerfield, Illinois based on false statements given to the police
On August 20, 2013, the Seventh Circuit affirmed a district court’s denial of qualified immunity in a case concerning an Illinois pretrial detainee’s death due to medical neglect. Phillip Okoro, 23, was arrested for a misdemeanor property offense in October 2008 and held at the Williamson County Jail. Although Gerstein v. Pugh, 420 U.S. 103
The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or more prior “violent felonies” or “serious” drug offenses face a minimum 15-year prison term.In some cases, however, prior state convictions should not qualify as “predicate” offenses for the
On July 19, 2013, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to three defendants, holding there was sufficient evidence for a jury to find they acted with deliberate indifference to a prisoner’s serious dental needs. Richard M. Smego, a civil detainee at Illinois’ Rushville Treatment and Detention Center, filed suit
By Mark Wilson / Prison Legal News
On August 16, 2013, the Seventh Circuit Court of Appeals held for the second time that a prisoner’s request to form an atheist study group must be given the same consideration as other religious study groups.
Wisconsin prisoner James J. Kaufman, an atheist, asked to form a study group dedicated to atheism. Prison officials denied his request as one seeking to establish a nonreligious activity group. He then filed suit in federal court.
In 2005, the Seventh Circuit held that prison officials had violated Kaufman’s First Amendment rights by refusing his request to create a religious study group dedicated to atheism while allowing other religious study groups. See: Kaufman v. McCaughtry, 419 F.3d 678 (7th Cir. 2005) (Kaufman I).
After Kaufman was transferred to the Stanley Correctional Institution, he “encountered nearly identical resistance to his efforts to create an atheist practice group.”
Prisoners requesting to participate in religious study “fill out a Religious Preference form that allows them to select one of the recognized umbrella groups, ‘no preference,’ or ‘other.’ If the inmate selects ‘other,’ he may write in a religion. If the religion he specifies does not fall within one of the seven umbrella groups, he is not permitted to attend a religious practice group, though he may practice on his own by visiting the religious library or meeting with the Chaplain individually.”
By Prison Legal News In separate decisions, the Seventh Circuit Court of Appeals reversed the dismissal of two lawsuits filed by disabled state prisoners, finding that the Illinois Department of Corrections (IDOC) may have violated their rights under the Rehabilitation Act (RA) while skirting claims raised under the Americans with Disabilities Act. In May 2010,
In April 2008, James Washington, Jr. was a pretrial detainee at a Wisconsin jail when a guard, John P. Hively, allegedly fondled his “testicles and penis through [his] clothing” during a pat-down, “then while strip-searching him fondled his nude testicles for two or three seconds.” Washington filed a federal lawsuit against Hively, who denied the
We have profiled every prison within the Federal Bureau of Prisons.
Learn about each prison’s location, security level, educational and recreational offerings, and much more.
Elizabeth Franklin-Best P.C.
1501 Belle Isle Avenue, Suite 110
Mount Pleasant, SC 29464
This site may be considered attorney advertising in some jurisdictions. Each case is unique; past results do not guarantee future outcomes or success. This website is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
Elizabeth Franklin-Best P.C. is based in Columbia, South Carolina. Mentions of other locations do not imply offices or lawyers there. We collaborate with independent local counsel licensed in their respective jurisdictions.
Elizabeth Franklin-Best P.C. is a private law firm that is not affiliated with the federal government. We limit our practice to cases involving federal courts and agencies.
For specific legal advice, please contact our office directly.
