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Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Article • April 15, 2006 • from PLN April, 2006
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi by Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Article • April 15, 2006 • from PLN April, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: On March 22, 2006, David Leyva, 24, a guard at the Pima county jail was arrested on charges that he conspired to possess an unidentified narcotic drug. Arkansas: On March 21, 2006, a brawl involving 12 prisoners that started over a bag …
Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by John E. Dannenberg Reversing the U.S. District Court (D. Colo.), the Tenth Circuit U.S. Court of Appeals held that a review of the record showed that female prisoners …
On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim by The Sixth Circuit Court of Appeals, on remand from the United States Supreme Court, reversed a district courts grant of summary judgment to a prison guard on a First Amendment retaliation claim. Michigan prisoner Shakur Muhammad …
Washington Prison Staff Properly Fired For Sexually Assaulting Prisoner by Division 2 of the Washington State Court of Appeals (Div. 2) has affirmed the summary dismissal of a prison guards law-suit for wrongful discharge for sexual misconduct. James Shinn was captain of a ferry serving the McNeil Island Correction Center …
Article • April 15, 2006 • from PLN April, 2006
Filed under: Sentencing, Parole
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John Dannenberg Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Article • April 15, 2006 • from PLN April, 2006
Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield by A panel of the Sixth Circuit joined the Eighth and Tenth Circuits in holding that the Prison Litigation Reform Act (PLRA) requires total exhaustion. One judge dissented, however, criticizing the majority opinion as being invalid for conflicting with …
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) is forcefully having its failed healthcare system both corrected and rehabilitated. Despite court-ordered healthcare …
Article • March 15, 2006 • from PLN March, 2006
Ten Deaths At San Quentin from Macabre" Healthcare by Ten Deaths At San Quentin from Macabre" Healthcare by Marvin Mentor San Quentin State Prison (SQ), a scant 25 miles from the San Francisco courtroom of Plata v. Schwarzenegger Judge Thelton E. Henderson, was high on the court's agenda for improved …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Medical, Respiratory
California Prison Doctor Suspended Following Three Prisoner Deaths by by Marvin Mentor A San Quentin State Prison physician, Dr. Garen Vong, whose alleged negligence contributed to the deaths of three prisoner patients since 2002, was suspended with pay ($11,381 per month) on February 3, 2005 pending investigation. The three preventable" …
Article • March 15, 2006 • from PLN March, 2006
From the Editor by by Paul Wright Sometimes I am asked what PLN does, besides publish a magazine. The answer is quite a lot and we are going to try to do a better job of letting people know about it. In addition to publishing PLN we also have a …
Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail by The County of Los Angeles (L.A.) agreed to pay $700,000 to the mother, and $200,000 to the father, of a 20 year old county jail prisoner murdered in his cell by a free-roaming prisoner against whom he …
Article • March 15, 2006 • from PLN March, 2006
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from …
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