39. Safety and security.

U.S. District Court FIRE SAFETY

Derby Industries, Inc. v. Chestnut Ridge Foam, 202 F.Supp.2d 818 (N.D.Ind. 2002). A manufacturer of a mattress intended for use in prisons sued a competitor for false advertising. The district court denied the plaintiffs request for a preliminary injunction, finding that a video tape was neither false nor misleading, and that the plaintiff manufacturer was not being irreparably harmed. The court found that the video advertisement, which depicted a flammability test for its and a competitor's products, was not literally false, noting that the test was a general procedure which could be performed in several ways. The plaintiff identified only one customer who was confused, and their confusion was not substantial enough for the manufacturer to lose their business. (Derby Industries, Indiana)

U.S. Appeals Court CONFIDENTIAL INFORMANTS

Peate v. McCann, 294 F.3d 879 (7th Cir. 2002). A state prisoner brought a civil rights against a corrections officer, alleging Eighth and Fourteenth Amendment violations in connection with a prison fight. The district court granted summary judgment in favor of the prisoner. The appeals court reversed and remanded, finding that genuine issues of material fact precluded summary judgment as to whether the officer acted with deliberate indifference toward the safety and health of the inmate. The appeals court also held that the prisoner was not entitled to information contained in a prison investigation file. The prisoner had been attacked twice by a fellow prisoner, and blamed the officer for failing to break up the second fight. (Miami Correctional Facility, Indiana)

U.S. Appeals Court GANGS

Rogers v. Morris, 34 Fed.Appx. 481 (7th Cir. 2002). A state prisoner brought a [section] 1983 action alleging that prison regulations violated his First Amendment rights. The district court granted summary judgment to the defendants and the appeals court affirmed. The appeals court held that prison regulations banning pornography and material that teaches or advocates behavior consistent with a gang did not violate the prisoner's First Amendment rights. Under the regulation, prison officials had withheld various magazines devoted to hip-hop music and culture, and certain "internet materials" sent to him by mail. (Wisconsin)

U.S. Appeals Court MAIL PUBLICATIONS

Sorrels v. McKee. 287 F.3d 1213 (9th Cir. 2002). A state prisoner brought a [section] 1983 action challenging a prison policy that...