by David M. Reutter
A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings.
The USPC assumed the powers, duties, and jurisdiction of the District of Columbia Board of ...
by David M. Reutter
A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court had before it the plaintiff's motion for attorney fees and costs after a Settlement Agreement (SA) ...
by David M. Reutter
Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at the Zephyrhills Correctional Institution medial/psychiatric ward. Randles requested to ...
by David M. Reutter
The U.S. Supreme Court has reversed an Eleventh Circuit Court of Appeals ruling that held government officials are entitled for qualified immunity unless there exists previous case law that is "materially similar" to the facts at issue. The Supreme Court held that there need only exist ...
by David M. Reutter
The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction arguing that: the prisoners lacked standing; the district court ...
by David M. Reutter
A state jury has acquitted three Florida prison guards in the murder of death row inmate Frank Valdes. The guards, Captain Timothy Thornton, Sgt. Jason P. Griffis, and Sgt. Charles A. Brown, were exonerated of second-degree murder, conspiracy to commit aggravated battery on a prisoner, official ...
by David M. Reutter
( A federal district court for the Eastern District of Michigan (EDM) has held the Prison Litigation Reform Act (PLRA) caps attorney fees in prisoner civil rights cases, but criticized that holding. Michigan prisoner Blaine Sallier was awarded damages of $13,000 by a jury for a ...
by David M. Reutter
A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. Probationer Julie Tremper pled guilty to criminal possession of a weapon, resulting ...
The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility (Limestone) in 1995 .On two occasions ...
by David M. Reutter
In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the previous ruling in this case. See PLN November 2000. ...
