by Anne Marie Cusac
High-powered tasers are the new fad in law enforcement. They are becoming ever more prevalent even as their safety is increasingly in question. The proliferation of tasers in police departments across the country has led to unconventional uses. Among those hit by tasers are elderly people, ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 6
On July 15, 2004, the Multnomah County, Oregon, Board of Commissions voted unanimously to pay $150,000 to settle a wrongful death action filed by the family of a teenage girl who was raped and murdered by a parolee.
On December 13, 2001, 14-year-old Melissa Bittler was found raped and strangled ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 7
by Matthew T. Clarke
A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system.
The DOC Pharmacy dispenses $8 million in drugs to nearly ...
The Florida Department of Juvenile Justice (DJJ) will pay $1.45 million to settle a federal lawsuit arising from the 2003 death of Omar Paisley at the Miami-Dade Regional Juvenile Detention Center, the Miami Herald reported on November 2, 2004. A separate settlement was reached with Miami Children's Hospital, the prison's ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 9
A New York Court of Claims has awarded a former Collins Correctional Facility prisoner $160,000 in a medical malpractice suit.
On November 22, 1998, Robert Hicks experienced pain in the area of his left waist. He said he laid on his bed, went to the restroom, and then returned to ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 10
by Paul Wright
I would like to thank everyone who has written, called or e mailed us with favorable comments about last month's 15th anniversary issue of PLN. It was quite the milestone and one which we are very proud of. We hope the next decade of publishing allows us ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 11
Five years after beginning its first flirtation with for-profit prisons, Michigan is learning an invaluable lesson: Despite the hype, private prisons are not cost-effective.
In the months following its 1999 opening, the Michigan Youth Correctional Facility (MYCF) was criticized over assaults, staff turnover, and suicide attempts. Now critics contend that ...
This column is intended to provide habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout the U.S.
EXHAUSTION UPDATE
Stay and ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 14
As a civil rights litigator specializing in prison cases, I have read virtually every issue of PLN since its first newsletter was published 15 years ago. This publication is an essential resource for everyone concerned about human rights. Congratulations to PLN for reaching this great milestone. We all look forward ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 15
On February 5, 2004, a New York Court of claims awarded a prisoner $1,000 for the negligence of an oral surgeon under contract with the New York Department of Correction (NYDOC).
Sean Tapp was a prisoner at Attica Correctional Facility on January 28, 2000, when he was seen by an ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 16
California's Parole-Violator Cell-Study Education Program Portends Increase In Recidivism
by Marvin Mentor
A well-intentioned but struggling new rehabilitative in-cell, tutored, self study program for California parole violators (Bridging Program), participation in which cuts five days per month off eligible violators' return-to-custody time, is having the anomalous effect of increasing the ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 17
U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure
In an extremely limited," unanimous decision, the United States Supreme Court held that an Alabama death row prisoner properly utilized 42 U.S.C. § 1983 to challenge a procedure to be utilized during his execution.
In 1979, David Nelson was ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 18
On October 21, 2004, the American Civil Liberties Union (ACLU) of Washington brought suit in state court, challenging a law which prohibits Washington ex-felons from voting solely because they owe legal financial obligations" (LFOs) such as court filing fees and costs, restitution and incarceration costs.
Article VI, § three of ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 19
by Michael Rigby
A byzantine disenfranchisement scheme has cast a pall over the electoral process in Washington.
On November 2, 2004, Democrat Christine Gregoire won the state's gubernatorial race by the narrowest margin in state history--129 votes. Republican challenger Dino Rossi's camp quickly cried foul and sued to have the ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 20
by Alan Prendergast
Prisoners who joined in a hunger strike at the Colorado State Penitentiary from January 15-26, 2005, were hoping their protest would attract a media feeding frenzy -- and put pressure on officials to modify harsh conditions at the state's supermax prison.
Instead, they just got hungry.
The ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 21
A riot at Florida's Apalachee Correctional Institution (ACI) resulted in one guard being stabbed and eleven others beaten. As a result, over 100 prisoners were transferred to other prisons.
The incidents started shortly after prisoner Nakia Huggins was questioned by guards concerning a knife that another prisoner told guards Huggins ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 22
The Fifth Circuit court of appeals, in an unpublished opinion, held that alleging sleep deprivation caused by constant illumination was not a claim with an arguable basis in law for which a prisoner may be granted relief.
Juan Chavarria, a Texas state prisoner at the Eastham Unit, filed suit under ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 22
by John E. Dannenberg
The Los Angeles, California County Sheriff's Department sought $95,000 authority from the L.A. County Claims Board (Board) to settle a wrongful incarceration federal civil rights lawsuit brought by a plaintiff whose conviction had been predicated upon an admittedly false detective report, even though the detective was ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 23
by Matthew T. Clarke
An amendment to the 2001 Texas law allowing compensation of the wrongly convicted requires that people applying for compensation present a letter from the district attorney who convicted them certifying the person's innocence.
In 2001, State Senator Rodney Ellis, D-Houston, introduced a bill to allow people ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 24
by Matthew T.Clarke
A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to another CSC employee.
Yvette Adorno and Stephanie Womble, federal prisoners formerly ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 24
Restitution Payments By Federal Defendant Whose Direct Appeal Was Final Held Not Reimbursable Upon Later Collateral Relief
by John E. Dannenberg
A convicted swindler whose direct appeal of his federal conviction was denied, but whose subsequent habeas corpus petition was granted, was not entitled to reimbursement of $77,507 in court-ordered ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 25
by Michael Rigby
An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004.
On September 14, 1999, plaintiff Glen Wilson was sentenced to two years in prison and up to 3 years of post-release ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 26
Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review
By Bob Williams
The United States Court of Appeals for the Sixth Circuit has ruled that Ohio state prisoners have a liberty interest under the Sandin atypical & significant hardship" analysis in placement in the state Supermax. The ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 26
The court of appeals for the Eighth Circuit held that a prisoner's allegation of denial of dental treatment cannot be split into three separate sub-claims then dismissed for failure to exhaust state remedies on the sub-claims.
James McAlphin, an Arkansas state prisoner, filed suit against prison officials under 42 U.S.C. ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 26
The California Court of Appeal held that a parolee who fled an attempted arrest by his parole agent was a prisoner" nonetheless and that his actions supported his later conviction of felony escape.
Parolee Aaron Nicholson unknowingly had a Board of Prison Terms warrant issued for his arrest six days ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 27
by John E. Dannenberg
On November 8, 2004, the Los Angeles County, California Claims Board granted authority of $32,500 to settle a claim by a prisoner for legal malpractice on the part of the Public Defender, wherein the prisoner had been incompetently advised to accept a felony plea-bargain for what ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 27
The Ohio Court of Claims awarded $500 to a prisoner who claimed prison personnel lost various items of property when he was transferred.
Thomas Pasco, an Ohio state prisoner, was transferred from the Ohio State Penitentiary (OSP) to the Belmont Correctional Institution on October 29, 2003. However, Pasco claimed that ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 28
A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions of the Prison Litigation Reform Act (PLRA) did not apply, but reduced the requested fee by approximately 48 ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 29
The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials failed to protect them from Paul Soyars, an HIV-positive prisoner. Plaintiffs ...
By Rachel Meeropol
Consider the situation of Moazzam Begg. He is a 35 year old man with dual British and Pakistani citizenship. In early 2002, he was seized from his apartment in Islamabad, Pakistan, by Pakistani and U.S. agents. He was arrested without explanation in the middle of the night, ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 30
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees
by John E. Dannenberg
The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the California Department of Corrections (CDC), authorizing Muslim prisoners to leave their job assignments (without punishment) ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 32
by John E Dannenberg
An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a new trial with appointed counsel. The Ninth Circuit U.S. Court of Appeals held that ...
by John E. Dannenberg
The Marin County, California Superior Court ruled that a lifer who was twelve years overdue for release when he was finally granted parole, but who was then referred back to the Board of Prison Terms (BPT) by the Governor to have a pre-release rescission hearing, was ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 34
by Michael Rigby
Prison Health Services (PHS) has killed another patient. According to a highly critical 10-page report released by the New York State Commission of Correction on June 23, 2004, the 2001 death of Brian Tetrault, a prisoner in the custody of the Schenectady County Jail, was the result ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 34
The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice.
Eric Martin, a Michigan state prisoner, underwent bladder surgery in April 2002 while ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 34
A three year old federal wrongful death lawsuit brought by the family of a Yolo County, California jail detainee who hanged himself was settled for $840,000 on September 1, 2004. Contract health care provider California Forensic Medical Group, Inc. agreed to pay $825,000 of the total, based upon a finding ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 35
Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Being Convicted Of Lying
In June, 2004, Jonathan L. Cobbs was promoted to the $97,000/yr. Chief Deputy Warden position at the California Correctional Institution in Tehachapi. But this honor seemed incongruous with disparaging court papers filed against Cobb ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 35
by Michael Rigby
The South Carolina Supreme Court upheld the decisions of two circuit courts regarding the application of South Carolina's Prevailing Wage statute to prisoners.
South Carolina's prevailing wage statute, S.C. Code Ann. 24-3-40, -410, -430 (Supp. 2002), requires the Department of Corrections (DOC) to pay prisoners in the ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 36
by Michael Rigby
As the trend towards secrecy in the U.S. judiciary continues to grow, so does the constitutional debate over such practices as sealing cases, hiding proceedings, and conducting clandestine searches. Recent decisions by the D.C. and Second Circuits have been favorable, but a lawsuit involving a controversial provision ...
by Robert H. Woodman
The U.S. Eighth Circuit Court of Appeals reversed a grant of summary judgment by the U.S. District Court for the Southern District of Iowa in a complaint filed by a pretrial detainee alleging that jail personnel were deliberately indifferent to his serious dental needs.
Napoleon Hartsfield ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 36
The U.S. Court of Appeals for the 8th Circuit reversed a lower court's grant of summary judgment against a prison guard who was injured by a smoke grenade.
On June 2, 1998, Timothy Gamradt, a Bureau of Prisons (BOP) guard, was hurt during a training exercise at the Federal Prison ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 37
In a detailed 98 page report to Governor Arnold Schwarzenegger and the California Legislature, the California State Auditor criticized the California Department of Corrections' (CDC) lax management of contract outside-hospital medical services for CDC prisoners. The July 27, 2004 report observed that CDC's costs rose at a rate of 21% ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 37
In two separate rulings, a southern district of New York federal district court has expounded upon the deliberative process privilege, which is a sub-species" of the work product doctrine.
This action was filed by the Administration of the Estate of Ralph Joseph Tortorici, who committed suicide on August 10, 1999, ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 38
by Matthew T. Clarke
The Fifth Circuit court of appeals issued an opinion vacating the district court's dismissal of a prisoner's suit alleging prison officials confiscated his property in retaliation for his criticism of the prison.
Billy Fredrick Allen, a Texas state prisoner, filed a civil rights suit under 42 ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 38
by Bob Williams
Guaranteeing due process, training, and a centralized review committee for appeals, the Colorado Department of Corrections (CDOC) has settled a 2000 lawsuit brought by publishers and prisoners challenging a system-wide practice of unconstitutional censorship.
The 42 U.S.C. § 1983 suit was originally filed on March 22, 2000, ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 39
Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier
The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, verifying medical evidence" is not required.
Thomas Blackmore was arrested ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 39
Chicago Jail Still Rife With Prisoner Abuse,
Crimes By Guards
by Matthew T. Clarke
The Cook County Jail in Chicago, Illinois, remains the scene of controversy involving beatings of prisoners, stealing of drugs held for evidence, and guards having sex with female prisoners.
Prisoners Beaten
As reported in the February, ...
Guantánamo: What the World Should Know
By Michael Ratner and Ellen Ray Chelsea Green Publishing Company, 184 pages
Review by Jules Siegel
We have by now all seen much of this material before, but reading it all in one piece, told by human voices in this book-length interview, is not ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 41
President Bush Signs Mentally Ill Offender Treatment
And Crime Reduction Act Of 2004
by Michael Rigby
On October 30, 2004, George W. Bush signed into law the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 (Public Law No. 108-414). The Act provides $50 million in grant money to ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 42
by Michael Rigby
Experts have long known that prisons are incubators for disease. Some diseases such as H.I.V. and hepatitis C are by some estimates ten times more common in prison than in the general population [PLN, June 2003, p.10]. Yet the health care of prisoners is typically of little ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 42
News in Brief:
California: In February, 2005, police arrested Glen Westberg, 35, in Redwood City, for violating his parole conditions for his child molestation conviction. Westberg used the state's internet registry of sex offenders to contact other child molesters he found attractive and solicit them for sex. Apparently one of ...
Under pressure from U.S. District Judge Thelton E. Henderson, who earlier in 2004 threatened wholesale federal court takeover of the California Department of Corrections (CDC), the CDC stipulated to an order aimed at ending the use of untrained, unqualified and/or incompetent doctors, nurses and physician assistants in its $1 billion ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 44
The Washington Department of Corrections (WDOC) has been fined $22,503 for polluting the environment with thousands of gallons of diesel fuel, the Tacoma News Tribune reported on September 3, 2004.
In October 2002, 6,100 gallons of diesel fuel were spilled at the McNeil Island Corrections Center. The Department of Ecology ...
Loaded on
June 15, 2005
published in Prison Legal News
June, 2005, page 46
by Michael Rigby
The great thing about being a county's top lawman is having a cadre of free labor for your own personal use. Or so many Georgia sheriffs think. Although it is a felony under state law to use prisoner labor for personal gain, no less than six Georgia ...
News in Brief:
Arkansas: In April, 2005, an unidentified sergeant was fired by the state DOC after the February, 2005, death of Wrightsville Unit prisoner Victor Wright, 28, while on a work detail. Wright complained to the sergeant that he was not feeling well while on a work detail clearing ...
