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Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • June 15, 2006 • from PLN June, 2006
California Ban On Sexually Explicit Materials Upheld by The California Court of Appeal upheld the denial of a state prisoners petition for writ of mandate seeking (1) rescission of California prison regulation 15 CCR § 3006 (c) (17) [proscribing possession of explicit sexual images], and (2) a declaration that the …
Article • June 15, 2006 • from PLN June, 2006
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
Article • June 15, 2006 • from PLN June, 2006
Filed under: News, News in Brief
News in Brief: by Alabama: On May 3, 2006, Peter Makres, 52, a prisoner was strangled and killed at the Limestone Correctional Facility inside an isolation cell. Police suspect Joseph Burns, 22, the only other person in the cell with Makres, may have committed the crime. Makres was serving a …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Money/Property, Restitution
Washington DOC May Seize Money for LFOS; RCW 9.94A.772 Abrogates Angula by The Washington Court of Appeals upheld a decision by the Washington Department of Corrections (WDOC) to seize money from a prisoners trust account to pay legal financial obligations (LFOs). In 1994 John Martin was sentenced to 300 months …
GAO: Private Contractors Perform Poorly At Overseas Military Prisons by Matthew T. Clarke A Government Accountability Office (GAO) report released April 29, 2005, criticized the militarys poor management of private contractors in Iraq and put partial blame for the Abu Ghraib prison scandal on private contractors and their poor management. …
Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000 by Joan G. Crumpler Wilkes County, Georgia and Integrative Detention Health Services, Inc. (IDHS) paid $500,000.00 for settlement of a wrongful death suit alleging negligent medical care, deliberate indifference to serious medical needs, and wrongly allowing a …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Medical, Medication, Blood
Denial of Medication/Prescribed Treatment States Eighth Amendment Claim by In two separate cases the Eighth Circuit Court of Appeals held that a prisoners claim of being denied medication, or not given prescribed treatment, states a claim under the Eighth Amendment. Arkansas prisoner Willie Munn appealed a district courts dismissal of …
Article • June 15, 2006 • from PLN June, 2006
Federal Court Filing Fees Increased, Cost of Justice Too High for Many Prisoners by As of April 10, 2006, the fee for filing civil complaints in U.S. District Courts, or having state cases removed to federal court, increased from $250 to $350. Note that this increase applies to lawsuits and …
Article • June 15, 2006 • from PLN June, 2006
Florida Muslim's Forced Shave Challenge Remanded by David Reutter Florida Muslim's Forced Shave Challenge Remanded by David Reutter Floridas First District Court of Appeal has reversed a circuit courts order denying a petition seeking to declare the Florida Department of Corrections (FDOC) shave policy unconstitutional when applied to Muslims. Prisoner …
Article • June 15, 2006 • from PLN June, 2006
PHS Parent Company Fires Executives For Cause In Billing Scandal by America Service Group, the parent company of Prison Health Services, has fired two high level employees in connection with billing improprieties by its prison pharmacy division. ASG fired Trey Hartman, president and chief operating officer of Prison Health Services, …
Article • June 15, 2006 • from PLN June, 2006
California Ex-Con DNA Collection Law Ruled Not Retroactive by John E Dannenberg by John E. Dannenberg The U.S. District Court, N.D. Cal., ruled that Californias recent Proposition 69, which provides for DNA collection from all convicted persons, does not apply retroactively to exconvicts who have been discharged from custody, parole …
Failure to Procure Medical Treatment Suit Proceeds Against Puerto Rican Guard by The First Circuit Court of Appeals has affirmed in part and reversed in part a Puerto Rico District Courts grant of summary judgement to prison officials in a civil rights action alleging failure to render or procure adequate …
Hawaii Guard Given Probation for Prisoners Death by Gary Hunter Hawaii Guard Given Probation for Prisoners Death by Gary Hunter Brian Freitas, a former guard was sentenced to one year probation for his part in the death of Antonio Revera, a prisoner at Halawa prison in Hawaii. Revera was beaten …
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