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Date: 08-09-2023

Case Style:

De'Raoul Broderick Files v. Deborah Toney, et al.

Case Number: 6:22-cv-00542

Judge: R. David Proctor

Court: United States District Court for the Northern District of Alabama (Walker County)

Plaintiff's Attorney:

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Defendant's Attorney: Laura E. Howell

Description: Jasper, Alabama civil rights lawyers represented Plaintiff who sued Defendants on prisoner civil rights violation theories.

"Prisoner civil rights are the rights that prisoners retain even after they have been convicted of a crime and sentenced to prison. These rights are protected by the Constitution and by federal and state laws.

Some of the most important prisoner civil rights include:

The right to due process of law: This means that prisoners have the right to a fair hearing before they can be punished for any violation of prison rules.
The right to be free from cruel and unusual punishment: This means that prisoners cannot be subjected to treatment that is intentionally or unnecessarily painful or harmful.
The right to privacy: Prisoners have the right to some degree of privacy, even in prison. This includes the right to receive and send mail without censorship, the right to have contact with family and friends, and the right to practice their religion.
The right to medical care: Prisoners have the right to receive adequate medical care, even if they cannot afford it.
The right to education: Prisoners have the right to receive an education, even while they are in prison.
The right to vote: In most states, prisoners are not allowed to vote while they are incarcerated. However, some states do allow prisoners to vote, either by absentee ballot or in person.

Prisoners who believe that their civil rights have been violated can file a complaint with the prison warden or with a state or federal court. They may also be able to file a lawsuit against the prison or the government officials who are responsible for their care.

It is important to note that prisoner civil rights are not absolute. In some cases, the government can restrict the rights of prisoners in order to maintain security or order in the prison. However, these restrictions must be narrowly tailored and must be justified by a legitimate government interest.

The fight for prisoner civil rights is an ongoing one. There are many challenges to ensuring that prisoners are treated fairly and humanely. However, it is important to remember that these individuals still have rights, even after they have been convicted of a crime."

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Outcome: 08/09/2023 41 MEMORANDUM OPINION. Signed by Judge R David Proctor on 08/09/2023. (RMM) (Entered: 08/09/2023)
08/09/2023 42 ORDER For the reasons discussed in the accompanying Memorandum Opinion, the Motion to Dismiss filed by Defendants Deborah Toney, Jeffrey Baldwin, Rolanda Calloway, John Crow, Mary Cooks, Scarlett Robinson, and Cynthia McCovery (Doc. # 22) is GRANTED. Plaintiff's claims in Counts One, Two, and Three of Plaintiff's Amended Complaint are DISMISSED WITH PREJUDICE. The court DECLINES to exercise jurisdiction over Plaintiff's state law claims. Accordingly, Plaintiff's claims in Counts Four and Five are DISMISSED WITHOUT PREJUDICE. This dismissal applies to all Defendants in this case. Signed by Judge R David Proctor on 08/09/2023. (RMM) (Entered: 08/09/2023)

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