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Article • October 15, 2003 • from PLN October, 2003
Director of Florida's Private Prison Commisssion Resigns, Fined $10,000 for Ethics Violations by Agreeing to pay $10,000 for ethics violations, the director of Florida's agency overseeing private prison contracts resigned in April, 2002. The Florida Ethics Commission has accepted the settlement. C. Mark Hodges was in charge of Florida's Correctional …
Article • October 15, 2003 • from PLN October, 2003
Eight Washington Prison Premises Liabilities Claims Settled for $35,058 by Premises liabilities claims by injured Washington state prisoners and visitors were settled in eight unrelated claims totaling $35,058 over a two year period in 2001 and 2002. Pro per Walla Walla State Penitentiary prisoner Marcus Ogans filed a 42 U.S.C. …
Article • October 15, 2003 • from PLN October, 2003
Filed under: Telephones, Telephone Rates
Nebraska Prisons Get Progressive Phone Contract by by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole provider of local …
Article • October 15, 2003 • from PLN October, 2003
Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole …
Article • October 15, 2003 • from PLN October, 2003
Washington DOC Settles Failure to Protect Case for $13,000 by On March 16, 2002, the Washing-ton Department of Corrections (WA DOC) settled an Eighth Amendment complaint for failure-to-protect at the Washington State Reformatory (WSR) where a high security prisoner was attacked and seriously injured by another prisoner known to want …
Washington Retaliation Suit Settled for $2,500 by On February 27, 2002, the Washington DOC settled a prisoner claim of retaliation for his having filed a grievance and a lawsuit, for $2,500. Airway Heights Correctional Center prisoner Douglas Gallagher was employed in the food factory production facility on a day when …
Kansas Sheriff, Lawyer, Jailed for Sweetheart Jail Contract by Negotiating their way out of 21 felony bribery charges, a former Kansas sheriff and a lawyer-cum-executive for a private prison contractor each pled guilty to two misdemeanor counts of conflict of interest on December 18, 2002, getting only one year in …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Article • October 15, 2003 • from PLN October, 2003
Washington Posts Health Care Provider Information Online by Past issues of PLN have reported on the checkered pasts of many prison health care employees. Before being employed by prisons and jails many medical staff have been disciplined, had their licenses revoked and suffered other forms of license limitations designed to …
Article • October 15, 2003 • from PLN October, 2003
U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto by U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto Clause Reversing the California Court of Appeal, the U.S. Supreme Court ruled that California's recent law reviving criminal liability for previously time-barred prosecutions violated the …
Article • October 15, 2003 • from PLN October, 2003
California Prisoner Who Received First Heart Transplant Dies by A California man, who is believed to be the first prisoner in the nation to receive a heart transplant while incarcerated, died last December from complications relating to the operation. The man, whose name has never been released, was serving a …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Article • October 15, 2003 • from PLN October, 2003
First Amendment Protects Witnessing of California Executions by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, finding a restrictive state prison regulation unconstitutional, ruled that public witnesses enjoy a First Amendment right to view California executions uninterrupted from the moment the condemned prisoner enters …
Article • October 15, 2003 • from PLN October, 2003
Survivors of North Carolina Jail Fire Settle for $1.94 Million by On January 9, 2003, Mitchell County (NC) Superior Court Judge Marlene Hyatt approved a settlement in which the families of the eight fatalities and the nine survivors of the May 3, 2002, Mitchell County Jail fire will split $1.94 …
Receipt of Federal Funds Waives Eleventh Amendment Immunity for Rehabilitation Act by The U.S. Third Circuit Court of Appeals has affirmed in part and reversed in part a Pennsylvania Federal District Court's grant of summary judgment to state defendants in a prison employee's claim involving the Rehabilitation Act (RA) and …
Article • October 15, 2003 • from PLN October, 2003
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
Article • October 15, 2003 • from PLN October, 2003
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Article • September 15, 2003 • from PLN September, 2003
Mediation Costs Not Taxable in §1983 Suit by Mediation Costs Not Taxable in §1983 Suit The U.S. Eighth Circuit Court of Appeals held that state officials named as defendants in a prisoner's civil rights suit could not be taxed costs for mediation. The decision reverses the U.S. District Court for …
Gay Visiting Rule Challenged by The Ninth Circuit U.S. Court of Appeals reversed the U.S. District Court's (D.Ariz.) Fed.Rules Civ.Proc. Rule 12(b)(6) dismissal of an equal protection claim raised by an Arizona prisoner and his gay visitor who were denied the right to kiss and hug during prison visits solely …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Discrimination, Gay/Lesbian
Women Prisoners in Alabama Win Preliminary Injunctive Relief by The U.S. District Court for the Middle District of Alabama granted a motion for a preliminary injunction after a group of female prisoners complained that the state operated the women's prisons in an unconstitutionally unsafe manner. The Julia Tutwiler Prison for …
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