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Article • March 15, 2006 • from PLN March, 2006
Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages by by Michael Rigby In 2001, police officers in Dallas, Texas, made 33 arrests in what has since become known as the fake drug scandal." The victims were all charged with possessing cocaine, based on supposedly positive field tests of …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity by by John E. Dannenberg The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners …
Article • March 15, 2006 • from PLN March, 2006
New York City Pays $75,000 for 28.5 Days False Imprisonment by On September 8, 2005, the City of New York, New York, settled for $75,000 a prisoner's lawsuit alleging 28.5 days false imprisonment. Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in …
Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement by A Michigan federal district court has approved a settlement awarding $855,000 in a class action alleging the conditions of confinement for women at the Livingston County Jail were disproportionate to that of men held at the jail. The …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
Article • March 15, 2006 • from PLN March, 2006
Texas Legislature Requires HIV Testing for Prisoners by Gary Hunter Texas prisoners must now be tested for HIV before they are allowed to leave prison. Rep. Yvonne Davis, D-Dallas, authored House Bill 43 which was signed on June 19, 2005, by Gov. Pick Perry, and went into effect on September …
New York City Jail Strip Search Suit Settles For $30 Million by by John E. Dannenberg On April 27, 2005, the City of New York agreed to settle a federal court class action 42 U.S.C. § 1983 civil rights suit with 57,634 past misdemeanant prisoners at its city jails, paying …
Article • March 15, 2006 • from PLN March, 2006
Florida Awards $2 Million to Wrongfully Convicted Man by At its special session in December 2005, the Florida Legislature passed a bill to pay 44-year-old Wilton Dedge $2 million as compensation for a rape he did not commit. Dedge spent 22 years in Florida prisons for the sexual assault and …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit PLRA Fee Set at $169.50 Not $135 by The Sixth Circuit Court of Appeals joined the Ninth Circuit in holding that the maximum allowable attorney fees under the [Prison Litigation Reform Act (PLRA)] should be based on the amounts authorized by the Judicial Conference, not the amount actually …
Article • March 15, 2006 • from PLN March, 2006
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
Article • March 15, 2006 • from PLN March, 2006
Washington Settles Prisoners Medical Indifference Suit for $370,000 by Washington Settles Prisoners Medical Indifference Suit for $370,000 by Michael Rigby In October 2005, the State of Washington settled for $370,000 a prisoners federal lawsuit in which he alleged that indifferent medical treatment proximately resulted in a stroke that left him …
Article • March 15, 2006 • from PLN March, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Alabama: On March 2, 2005, Ellis Hudson, 40, was arrested on trespassing charges for breaking into the Bullock County jail in Union Springs. Hudson was apparently trying to smuggle tobacco to jail prisoners, which is banned. Arizona: On March 8, 2006, an unidentified …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
Wrongfully Imprisoned D.C. Disabled Man Settles Suit For $1.74 Million by by Michael Rigby The District of Columbia and a private medical provider have agreed to pay $1.74 million to Joseph Heard, a deaf, mute, and mentally disabled man who was wrongfully imprisoned in the D.C. jail for nearly two …
Article • March 15, 2006 • from PLN March, 2006
Former Riker's Island Head Goes to Prison by Matthew T. Clarke In March 2005, Anthony Serra, formerly the second-in-command of the New York City corrections department and top official at Rikers Island Jail, pleaded guilty to state and federal charges. He was subsequently sentenced to a year in prison. As …
Article • March 15, 2006 • from PLN March, 2006
$3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner by The New York Court of Claims awarded $3,621,632 to the estate of a woman who was raped and murdered by a prisoner who was mistakenly released early. The court also awarded $1,950,000 to another woman who was …
Article • March 15, 2006 • from PLN March, 2006
BOP Awards Unisys Corp. Nationwide Prison Phone Contract by The U.S. Federal Bureau of Prisons (BOP) contracted with Unisys Corp. (Bluebell, Pennsylvania) to install new telephone systems in over 110 BOP prisons nationwide. The September 14, 2005 contract awards $37 million for the first three years, expandable in three one-year …
Article • March 15, 2006 • from PLN March, 2006
Federal Government Bans Medicaid Impotence Drugs for Sex Offenders by The U.S. Government has ordered states to ensure convicted sex offenders do not receive reimbursement for erectile dysfunction drugs under Medicaid or Medicare. A New York audit showed 198 sex offenders received such drugs through the state/federal health-care program for …
Article • March 15, 2006 • from PLN March, 2006
BOP Secret Squirrel Photo File" Suit Remanded by BOP Secret Squirrel Photo File" Suit Remanded The U.S. Court of Appeals for the D.C. Circuit has reinstated a prisoner lawsuit under the federal Privacy Act (Act) at 5 U.S.C. § 552a, et seq. The District Court for the District of Columbia …
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