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Section 1983 Complaint Dismissed as Mixed Petition, But Amendment Allowed by The Eighth Circuit Court of Appeals held that a complaint that contains issues that were not administratively exhausted may be dismissed, but the plaintiff should be allowed to amend his complaint to include only those issues that were exhausted. …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Court Access
Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions by Oklahoma "Civil Death" Statute Does Not Preclude Prisoner Tort Actions The Oklahoma Supreme Court held that a state statute declaring all persons serving a felony sentence to be "civilly dead" does not preclude them from filing a civil action …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
Sanctions Against Ohio Paralegal Firm Upheld by The U.S. Seventh Circuit Court of Appeals affirmed in part and reversed in part a federal district court's sanctions against National Legal Professional Associates (NLPA) and its leader for unauthorized practice of law. NLPA is a paralegal service that markets directly to criminal …
Article • July 15, 2004 • from PLN July, 2004
Record Number of "Lifers" Now in U.S. Prisons by Record Number of "Lifers" Now in U.S. Prisons A new national study by The Sen tencing Project released on May 11, 2004, finds that a record one of every eleven (9.4%) prisoners in the United States is now serving a life …
BJS Finds Low Recidivism among Released Sex Offenders by Contradicting popular perceptions, a November 2003 report by the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, found that violent sex offenders released from prison are less likely than non-sex offenders to be rearrested on any …
Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death by On May 23, 2001, Karen Johnson, 43, literally died of medical neglect while being held prisoner in the Orange County Jail in Orlando, Florida. In July, 2002 PLN reported how Johnson desperately pleaded with her captors to continue …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Article • July 15, 2004 • from PLN July, 2004
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Article • July 15, 2004 • from PLN July, 2004
Arizona Prison Director Has Poor Track Record by Michael Rigby A federal judge in Missouri has refused to accept sworn testimony from Arizona Department of Corrections (ADOC) Director Dora Schriro, adding yet another chapter to Schriro's continuing saga of security lapses, deceit, and disappearing evidence. Before signing on as director …
Article • July 15, 2004 • from PLN July, 2004
Filed under: Private Prisons, Probation
Private Probation Companies Prove Corrupt in Tennessee by Gary Hunter Criminal Court Judge Chris Craft claimed private probation companies have "created a nightmare" in the Memphis, Tennessee probation system. Judge Craft, who is also chairman of the Private Probation Services Council, said that probation companies currently charge probationers fees "that …
Controversy and Lawsuits Surround South Texas Private Prison Deals by by Matthew T. Clarke Cotulla, a south Texas town known or the illegal drug-sting convictions of a quarter of its African-American citizens, now has a new claim to infamy -- private prison scams. Cotulla, population 3,000, is the county seat …
Article • July 15, 2004 • from PLN July, 2004
Warden Sentenced for Stealing Dali Painting From Rikers Island Jail by by Matthew T. Clarke A former Rikers Island deputy warden was sentenced to 1 to 3 years in prison after admitting that he, a former assistant deputy warden, and two former guards stole a rare Salvador Dali painting valued …
Article • July 15, 2004 • from PLN July, 2004
California Class Action Lawsuit Targets Unauthorized Prison Phone Charges by A lawsuit currently pending in a California state court claims that certain providers of prison telephone services have improperly charged for collect calls from correctional institutions that were not authorized or accepted by the called party. The lawsuit, Condes v. …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
Article • July 15, 2004 • from PLN July, 2004
Oregon Trial in Prison Did Not Violate Constitution by Oregon Trial in Prison Did Not Violate Constitution In two opinions issued the same day, the Oregon Court of Appeals held that holding criminal trials of prisoners in a courtroom inside a prison did not violate the Oregon or United States …
Article • July 15, 2004 • from PLN July, 2004
Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy by Interest on Legal Financial Obligations Not Dischargeable in Bankruptcy The Washington Court of Appeals held that interest which accrues statutorily on legal financial obligations (LFOs) is not dischargeable in bankruptcy proceedings. In 1992, Carol Cunningham was convicted of various drug …
Article • July 15, 2004 • from PLN July, 2004
California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E. Dannenberg The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
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