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Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Re by Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Records by John E. Dannenberg Prison Legal News won a big victory for the cause of investigative journalism on July 14, 2005 …
PLN Sues Bureau of Prisons for Lawsuit Information by On September 12, 2005, Prison Legal News (PLN) filed suit in federal district court to overturn an agency ruling denying it access to documents held by the Federal Bureau of Prisons (BOP). The lawsuit, filed in federal district court in Washington, …
Article • December 15, 2005 • from PLN December, 2005
From the Editor by Paul Wright By now all PLN subscribers should have received our annual fund raiser letter and our reader survey. As you know, subscription and advertising income only cover a fraction of PLN's operating expenses. We operate a very lean operation where all four full time employees …
Mexican Prisons in Crisis: Cartels Murder Prisoners and Guards by by Matthew T. Clarke One of the achievements of which Mexican President Vicente Fox is most proud is the record-breaking number of drug lords who have been arrested and thrown into federal prison during his tenure. He has a right …
Article • December 15, 2005 • from PLN December, 2005
Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages by An Illinois Federal District Court has awarded $3,200 in attorney's fees in a prisoner's claim that his Eighth Amendment rights were violated. The civil rights action was brought by Illinois prisoner Frank Farella against Logan Correctional Center guards …
Article • December 15, 2005 • from PLN December, 2005
Guards Flee Texas Prisons After Overtime Eliminated by Michael Rigby The virtual elimination of overtime pay for guards--a cost-cutting move by the Texas Department of Criminal Justice (TDCJ)--has contributed to rising turnover rates and probably comprised safety in the state's chronically understaffed prisons. In March 2003, TDCJ began awarding comp" …
Article • December 15, 2005 • from PLN December, 2005
Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 by Los Angeles County settled two prisoner wrongful death suits for $325,000 that alleged negligent medical care during incarceration at the L.A. County jail. On May 8, 2002, 39 year-old county jail prisoner Crystal Baize was transferred …
Article • December 15, 2005 • from PLN December, 2005
Filed under: Court Access, Judiciary
Supreme Court Justice Clarence Thomas Accepts by Supreme Court Justice Clarence Thomas Accepts Gifts Worth Thousands by Michael Rigby Justice Clarence Thomas is the Supreme Court's poorest member -- he's also its most prolific gift taker. From 1998 through 2003, Thomas accepted $42,200 worth of cash, antiques, clothes and other …
New York Prisoner Assaulted By Guard Awarded $4,200 by On September 8, 2004, a court of claims in Buffalo, New York, awarded $4,200 to a state prisoner who was assaulted by a guard at the Attica Correctional Facility. Juan Matias, a 36-year-old prisoner, claimed that he was assaulted by a …
28 Die in Philippines Jail Uprising by A March 14, 2005, botched escape attempt by an Al-Qaida linked Abu-Sayyaf member at the Camp Begang Diwa (CBD) detention center in Tanguig, Manila started as a two-day takeover of CBD that ended with 28 dead. When the incident began, CBD held 470 …
Article • December 15, 2005 • from PLN December, 2005
Disclosure of Washington State Prisoner Phone RatesDisclosure of Washington State Prisoner Phone Rates Stymied by the Courts by Disclosure of Washington State Prisoner Phone Rates Stymied by the Courts by John E. Dannenberg When recipients of Washington state prisoner-originated long distance phone calls sought to compel disclosure of the telephone …
Colorado DOC's Medical Oversight Found Remiss by G.A. Bowers An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors. In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the CDOC …
Article • December 15, 2005 • from PLN December, 2005
$820,000 Damages Upheld Against NY Jailer Who by $820,000 Damages Upheld Against NY Jailer Who Housed Informant with Defendant by John E. Dannenberg The Second Circuit U.S. Court of Appeals upheld $820,000 in damages for injuries suffered by an informant who was severely beaten by the defendant he had testified …
Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg by John E. Dannenberg The Wyoming Department of Corrections (WDOC) settled an Eighth Amendment-based class action complaint brought by prisoner Brad Skinner for WDOC's failure to protect prisoners from assault by other prisoners. The …
Article • December 15, 2005 • from PLN December, 2005
$200,000 Failure-To-Medicate Award Granted to California by Jail Detainee Who Lost Testicle by John E. Dannenberg On July 18, 2005, a Solano County, California jail pre-trial detainee, whose infected testicle was not promptly treated, won a $200,000 damage award in Solano County Superior Court after suffering necrosis and subsequent amputation …
Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
PLN Sues The Geo Group for Public Records by On Dec. 2, 2005, Prison Legal News filed a civil suit against The Geo Group, Inc. (formerly Wackenhut Corrections) in the Circuit Court for Palm Beach, Florida, demanding access to public records held by the company. The Geo Group is a …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • December 15, 2005 • from PLN December, 2005
Louisiana Prisoners Obscenity Conviction for Masturbation Vacated by The Louisiana Court of Appeals vacated a prisoner's obscenity conviction and sentence for masturbating in a public shower, within view of a female guard. Louisiana prisoner, Bobby Holmes, was charged with two counts of obscenity in violation of La.R.S. 14:106. The first …
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