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Article • April 15, 1998 • from PLN April, 1998
4th Circuit Establishes Detainee Excessive Force Standard by The court of appeals for the fourth circuit, sitting en bane, held that the constitution does not prohibit the police from slapping pretrial detainees or inserting pens in their noses, while threatening to "rip it open," provided there is no sign of …
Ohio Death Row Uprising by In the November '97 PLN , we reported "Tensions Rise in Ohio Prisons." Our coverage of the September 5, 1997 uprising on Ohio's death row at the Mansfield Correctional Institution (MANCI) was based entirely on published press reports, and as such was woefully inadequate. PLN …
Supervisors Liable for Excessive Force by The court of appeals for the eighth circuit affirmed an award of compensatory and punitive damages against a guard who beat a handcuffed and unresisting prisoner, the four guards who held the prisoner down during the attack, the lieutenant who supervised the beating and …
Lucas v. White, CA, Settlement Agreement, Abuse of Inmates, 1998 i v. White • • • • • • • ! ! • H • H PC-CA-009-001 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ROBIN LUCAS, ET AL., Plaintiffs, 8 …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Juvenile Crime Pays by Alex Friedmann According to a study by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), from 1991 to 1995 the population of youthful offenders held in privately-operated facilities grew 10% to an estimated 35,600. The juvenile justice system has become enormously profitable as youths are …
Trial Required in Oklahoma Beating Case by The court of appeals for the tenth circuit held that a prisoner's claim for declaratory and injunctive relief are mooted once he is released from incarceration and that questions of fact regarding the application of force by guards precludes summary judgment in their …
$135,000 Award in Beating Affirmed, Municipal Liability Reversed by The court of appeals for the District of Columbia circuit affirmed the award of $135,000 in damages to a prisoner beaten by prison guards, but it reversed an attorney fee award premised upon municipal liability. Robert Triplett, a D.C. prisoner, had …
Torture Info Wanted by Bonnie Kerness, longtime prison rights activist; PLN supporter; and Associate Director of the American Friends Service Committee, Criminal Justice Program, is seeking information from U.S. prisoners who have been subjected to the use of restraint chairs (aka "the chair"), four-point restraints (aka "the motorcycle"), stun belts, …
Article • December 15, 1997 • from PLN December, 1997
Prisoner Awarded $30,001 in Beating Suit by A federal jury in Bangor, Maine, awarded damages to 25-year-old Billy Williams for being beaten by two guards while imprisoned in Maine's Supermax prison in 1994. A seven-member jury deliberated for two and a half hours before deciding to award $30,000 in punitive …
Article • December 15, 1997 • from PLN December, 1997
New Jersey Jail Brutality Settlement by Seventeen former detainees of the Sussex County (NJ) Jail settled a lawsuit alleging a pattern and practice of guard brutality, inadequate medical and psychiatric care, and inadequate legal access. As part of the settlement, the county agreed to pay $372,000; install video surveillance cameras …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
DOJ to Probe Texas Rent-A-Jail by The Brazoria County Jail, site of the video-taped beatings that aired on network television, is but one of 38 for-profit jails or prisons in the state of Texas. And it's not the only one with problems, just the one with the most press. A …
Article • November 15, 1997 • from PLN November, 1997
Attica Justice -- Served 26 Years Later by The old Italian proverb postulates that "revenge is a dish best served cold." Justice is a dish also usually served cold, although those with a taste for justice rarely prefer it so. Maybe somebody should ask Frank Smith. Twenty-six years after Smith …
Oklahoma Pulls Out of TX Rent-A-Jail by The state of Oklahoma announced in July that it would pull 500-plus prisoners out of the Limestone County Detention Center, in part because of a conflict over the use of pepper spray on "unruly inmates." Limestone County, Texas, contracts with a private firm, …
'Training Video' Reveals Beatings in Texas Rent-A-Jail by The state of Missouri was swift to react to the explosive national news coverage resulting from the release of a video tape showing Missouri prisoners being kicked and beaten during a "shake down" at a Texas Rent-A-Jail. The state of Missouri announced …
Georgia Prison Guards Speak Out by Dan Pens Shortly after Wayne Garner took over as Georgia's Corrections Commissioner in December 1995, he addressed the state legislature wherein he quipped, "...thirty to thirty-five percent [of GA prisoners] ain't fit to kill, and I'm going to be there to accommodate them." [See: …
Three Texas Guards Indicted in Beating Death by In the July issue of PLN we reported "Judge Rules Texas Prisoner's Death Excessive Force" about Gary Crenshaw, 31, who died at the hands of his captors January 26, 1997, at the French Robertson Unit. On June 30, 1997, a Jones County …
Eleventh Circuit Reinstates Beating Verdict by The court of appeals for the eleventh circuit reversed a judgment as a matter of law entered against a Florida prisoner after a jury found in his favor. The court reinstated both the verdict and a damage award for the prisoner. The court also …
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