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Build Jails, Not Schools: Ohio Prison Building Corruption by Bill Dunne The apparatus of repression provides frequent examples of the corruption endemic to late capitalism. It is hugely expensive, miniminaly accountable, and has no clear product by which to gauge its performance. Military fraud and waste are cliche. Endless police …
Pubic Hair Search of Released Jail Detainee Unconstitutional by A federal district court in Alabama held that a sheriff's policy of searching prisoners' pubic hair as they were released from jail was unconstitutional. The court also held that jail officials were entitled to qualified immunity from money damages for strip …
En Banc Sixth Circuit Addresses Mental Health Care by By Matthew T. Clarke Anthony Wade was a Michigan state prisoner who committed suicide by taking an overdose of anti-depressant Sinequan (Doxepine) pills. During the year Wade was in presentencing incarceration at the Wayne County Jail (WCJ), he suffered from depression …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
CMS Fined Nearly $1 Million in Virginia by Dan Pens Correctional Medical Services (CMS) contracts with the Virginia Department of Corrections (VDOC) to provide medical care to some of its 30,000 prisoners. In a 13-month period starting in January 1999 the VDOC levied nearly $1 million in fines against CMS …
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Idaho Prisoners Can Sue for On-the-Job Injuries by The Idaho state Supreme Court held that prison officials were not entitled to summary judgment in an action brought by prisoners for injuries sustained during participation in a prison work program. Prisoners Mark Mead and Jeff Smith were injured in separate accidents …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
New York Prisoners Have Ad-Seg Liberty Interest by A Federal district court in New York held that prisoners have a protected liberty interest in remaining free from administrative segregation. On February 11, 1987 New York state prisoner, Santiago Ramirez, was served a Tier Three Disciplinary case for possession of a …
Article • November 15, 2000 • from PLN November, 2000
Withholding Interest Does Not Violate Takings Clause by A federal district court in California held that prison officials did not violate the Takings Clause by failing to pay interest on funds deposited by prisoners into non-interest bearing "Inmate Trust Accounts" (ITAs). The court also held that: applying interest earned on …
Irradiation Limitation Remains Unsettled by James Quigley By James Quigley The U.S. court of appeals for the Ninth Circuit held that factual issues, as to when a former prisoner was, or should have been, aware of his injuries from radiation experiments, precluded summary judgment on statute of limitation grounds. The …
Private Citizen Liable for Jail Slavery Under §1983 by Private Citizen Liable for Jail Slavery Under §1983 A federal district court in Georgia held that a private citizen who exercises authority over a county prisoner can be held liable under 42 U.S.C. §1983 as a state actor. Lamar County, Georgia …
$586,000 to Settle KY Jail Strip Search Suit by On January 25, 2000, Jefferson County, Kentucky, announced it would pay $586,000 to 31 people strip searched after being booked into the Jefferson county jail on minor traffic offenses in 1993. Previously, PLN reported that Jefferson County had paid $11.5 million …
Article • November 15, 2000 • from PLN November, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson $12,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Article • November 15, 2000 • from PLN November, 2000
$78,000 Damages and Fees Awarded in KS Kosher Diet Suit by A federal district court in Kansas awarded a prisoner $30,622 in attorneys' fees and $1,200 in costs and expenses. The court held, however, that the Prison Litigation Reform Act (PLRA), required the court to apply 25 percent of plaintiff's …
Article • October 15, 2000 • from PLN October, 2000
No Immunity in Denying Kosher Diet by The court of appeals for the Second Circuit held that fact issues requiring a trial were present in a Jewish prisoner's lawsuit over the denial of a kosher diet. The court also held prison officials were not entitled to qualified immunity from money …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
Article • October 15, 2000 • from PLN October, 2000
VP's Drug Dealer Still Litigating Retaliation Claim by The court of appeals for the District of Columbia circuit held that law-of-the-case doctrine foreclosed a challenge to a legal decision made at an earlier stage of the litigation and that the district court must determine whether government officials were motivated by …
Article • October 15, 2000 • from PLN October, 2000
Escape Costs Oklahoma Private Prison $304,375 by Gordon Flud's April 12, 2000, escape from a Hinton, Oklahoma rent-a-jail didn't end well for him--or for his prison. Flud, 44, jumped fences, avoided razor wire and climbed down the Great Plains Correctional Facility administration building's rainspout in his bid for freedom. But …
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