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Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Use of Pepper Spray States Eighth Amendment Claim by The U.S. Court of Appeals for the Eighth Circuit affirmed a district court's denial of summary judgment for prison guards who pepper sprayed a prisoner and threw him to the ground. In October 1998, prison guards confiscated a radio from the …
Article • January 15, 2004 • from PLN January, 2004
Oregon Prisoner Stated Negligence Claim Concerning Lost Property by The Oregon Court of Appeals reversed a trial court's dismissal of a state prisoner's negligence action against the state and a prison guard related to the guard's handling of his property, which resulted in the loss of his glasses. The court …
Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Texas Prisoners May Challenge Loss of Good Time Class Via Habeas Corpus by Matthew T. Clarke The Fifth Circuit court of appeals has held that prisoners whose mandatory release dates are adversely affected by a change in …
Immunity Granted to Wisconsin Sex Offenders in Treatment by Immunity Granted to Wisconsin Sex Offenders in Treatment The Wisconsin Supreme Court has held that Gary Tate is entitled to immunity for statements made at court imposed sex offender treatment, and the revocation of his probation for refusing to make admissions …
County Liable for Sheriff's Failure to Remove Invalid Warrant From Computer by The Eleventh Circuit Court of Appeals held that Georgia Sheriffs are a county policymaker regarding their duties in the maintenence and recall of criminal warrants thus making the county liable in a § 1983 action for the Sheriff's …
Article • December 15, 2003
Filed under: Medical, Medical Records
Tennessee Prisoner Wrongly Denied Medical Records by LaTasha Marie Whittington-Barrett (Barrett), a transsexual Tennessee state prisoner, asked guards at the Northeast Correctional Complex to allow her to review and copy her medical and psychiatric files in conjunction with a lawsuit she intended to file. She was allowed access to only …
Article • December 15, 2003
Two Killed in Failed Florida Prison Escape by David Reutter by David M. Reutter A bungled escape attempt at Florida's Charlotte Correctional Institution (CCI) on June 11, 2003, resulted in the first death of a female guard. Darla Lathram, 38, began working at CCI in June 2002. She was beat …
$210,000 Awarded in Virginia Jail Conditions Suit by The court of appeals for the Fourth circuit affirmed a district court in Virginia's order denying qualified immunity and judgment notwithstanding the verdict to Virginia jail officials. Virginia jail prisoners filed suit claiming overcrowding, poor sanitation, understaffing, and lack of a law …
DeLay/TRMPAC Indictments Include Cornell Contributions by by Matthew T. Clarke On September 21, 2004, a Travis County, Texas, grand jury handed down 33 felony indictments against people and corporations associated with Republican U. S. House of Representatives Majority Leader Tom Delay and the Texans for a Republican Majority Political Action …
Total Ban on Aryan Nation Mail Too Restrictive by The U.S. Court of Appeals for the Eighth Circuit held that a white supremacy group failed to state a claim as to their recognition as a religious group but that the prison mail policy banning communication with and access to its …
Article • December 15, 2003
Accounting Errors Plagued California Criminal Justice Agency by A defunct California agency charged with distributing grant money for crime prevention and victim aid may have cost the state millions in federal funds due to poor accounting practices, state auditors said on February 2, 2005. Lawmakers knew something was wrong at …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. …
Article • December 15, 2003
Fourteenth Amendment Not Violated By Arrest Without Probable Cause by The U.S. Supreme Court held that an arrestee's allegation that his arrest without probable cause violated substantive due process did not state a claim under 42 U.S.C. § 1983. The petitioner surrendered to police upon issuance of a warrant charging …
Article • December 15, 2003
Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons by By Richard D. Vogel People without a voice are not people in any meaningful sense of the word. Silenced people cannot express their ideas; they can neither consent nor protest; they are reduced to being pawns in the …
Article • December 15, 2003
Filed under: Sentencing, Parole
False Information in Parole File May Violate Due Process by The use of false information in a parole file can be a due process violation, but such a claim cannot be conclusory and must specify the false information. A reduction in the frequency of parole consideration for persons with life …
Article • December 15, 2003 • from PLN December, 2003
Secret Court Docket Practice Exposed by by David M. Reutter and Paul Wright One of the founding principles of the United States judiciary system is the right of access by the public and press. In their infinite wisdom, the authors of the Bill of Rights placed that principle within the …
$500 Paid in WA Failure to Protect Case by Scott W. Skylstad was transferred to another unit within the Washington State Penitentiary after guards received a death threat against him. However, the unit he was moved to was the same one the threat came in the mail from. Despite repeated …
Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on VA DOC Medical Care by Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on Virginia DOC Prisoner Medical Care by Matthew T. Clarke In May 2003, the American Civil Liberties Union (ACLU) of Virginia issued a report on the status of …
Article • December 15, 2003
Contract Physician Not Acting Under Color Of State Law by The U.S. Court of Appeals for the Fourth Circuit held that a part-time contract physician was not acting under color of state law for purposes of § 1983 when treating a prisoner. Plaintiff Quincy West, a North Carolina state prisoner, …
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