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Article • June 15, 2005 • from PLN June, 2005
Filed under: Sentencing, Parole
Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing by John Dannenberg by John E. Dannenberg The Marin County, California Superior Court ruled that a lifer who was twelve years overdue for release when he was finally granted parole, but who was then referred back to …
California Jail Suicide Lawsuit Settled For $840,000; Contract Health Care Inadequate by A three year old federal wrongful death lawsuit brought by the family of a Yolo County, California jail detainee who hanged himself was settled for $840,000 on September 1, 2004. Contract health care provider California Forensic Medical Group, …
Article • June 15, 2005 • from PLN June, 2005
Recharacterization Requires Notice Or Opportunity To Withdraw by The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice. Eric Martin, a Michigan state …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Work, Prison Industries
Noncompliance With South Carolina Prevailing Wage Statute Grievable by by Michael Rigby The South Carolina Supreme Court upheld the decisions of two circuit courts regarding the application of South Carolina's Prevailing Wage statute to prisoners. South Carolina's prevailing wage statute, S.C. Code Ann. 24-3-40, -410, -430 (Supp. 2002), requires the …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Medical, Pain
Eighth Circuit Reverses Summary Judgment Against Pretrial Detainee's Dental Claim by Robert Woodman by Robert H. Woodman The U.S. Eighth Circuit Court of Appeals reversed a grant of summary judgment by the U.S. District Court for the Southern District of Iowa in a complaint filed by a pretrial detainee alleging …
Article • June 15, 2005 • from PLN June, 2005
Guard Sues Over Smoke Grenade Injury by The U.S. Court of Appeals for the 8th Circuit reversed a lower court's grant of summary judgment against a prison guard who was injured by a smoke grenade. On June 2, 1998, Timothy Gamradt, a Bureau of Prisons (BOP) guard, was hurt during …
PHS Medical Care at Rikers Fails in Evaluation by Paul von Zielbauer PHS Medical Care At Rikers Fails In Evaluation by Paul Von Zielbauer A recent evaluation of the company in charge of prisoner health care at Rikers Island, coming months after it was awarded a new $300 million contract, …
Article • May 15, 2005 • from PLN May, 2005
From the Editor by Paul Wright The many duties I have as editor of PLN include doing a lot of the research for the news and legal stories that appear in PLN as well as coordinating PLN’s litigation efforts around the country, doing advocacy on behalf of prisoners’ rights and …
Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson Court Orders Washington DOC to Stop Dragging Its Feet on Sex Offender Release Plans by Hank Balson The Washington Court of Appeals ruled in May that the state's Department of Corrections (DOC) has …
Over 96% of CCA Donations Go to GOP by by Matthew T. Clarke It is well know that large corporationsespecially those that are prone to feast at the government troughmake donations to political parties and candidates. Most companies like to hedge their bets, donating to both major political parties. Nationwide, …
New York Appeals Court Upholds Former Senator’s Return To Rikers by The Appellate Division of the New York Supreme Court, First Department, has ordered former state senator Guy J. Velella and four others (the petitioners) back to jail. In reaching this decision the court found that the petitioners had been …
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Article • May 15, 2005 • from PLN May, 2005
" by Michael Rigby "
Article • May 15, 2005 • from PLN May, 2005
Ohio Death Row Moving to Supermax by Bob Williams By Bob Williams In March 2005, the Ohio Department of Rehabilitation and Correction (DORC) announced that Ohio’s 193 death row prisoners would be moved from the Mansfield Correctional Institute (MCI) to the state’s Supermax facility, the Ohio State Penitentiary (OSP), to …
Article • May 15, 2005 • from PLN May, 2005
New York City Settles False Imprisonment Suit For $1.25 Million by On September 23, 2004, New York City agreed to pay $1.25 million to a man who was falsely arrested and imprisoned for 15 months. Bernie Pollard, a 28-year-old construction worker, was arrested at his Brooklyn home on July 22, …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
Article • May 15, 2005 • from PLN May, 2005
Texas: Prison-Rape Capital Of The Country by Michael Rigby Texas: Prison-Rape Capital Of The Country by Michael Rigby Despite reputed efforts by officials in the Texas Department of Criminal Justice (TDCJ) to curb prison rapes, the number of reported sexual assaults has increased 160% in the past 4 years, from …
Article • May 15, 2005 • from PLN May, 2005
Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash by A Michigan prisoner has been awarded $376,525 for back injuries sustained in a prison van crash. Lorenzo Johnson, a 40-year-old state prisoner, was being transferred from one prison to another when the van he was riding in hit a …
Article • May 15, 2005 • from PLN May, 2005
Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 by David Reutter On October 14, 2004,the estate of PLN contributing writer James Quigley sued the Vermont Department of Corrections (V.D.O.C.) and several V.D.O.C. employees, alleging their mistreatment of Quigley resulted in his suicide death. Four months later the state settled …
Article • May 15, 2005 • from PLN May, 2005
Qualified Immunity Granted to Doctor Who Failed to Order Interferon Treatments for HCV+ Prisoner by The Eight Circuit Court of Appeals has held that a doctor was not deliberately indifferent to a prisoner's medical condition by failing to order interferon treatments for his Hepatitis C virus (HCV). While imprisoned within …
Article • May 15, 2005 • from PLN May, 2005
Vermont DOC Settles PLN Writer's Suicide Suit for $750,000 by On October 14, 2004,the estate of PLN contributing writer James Quigley sued the Vermont Department of Corrections (V.D.O.C.) and several V.D.O.C. employees, alleging their mistreatment of Quigley resulted in his suicide death. Four months later the state settled the suit …
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