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Article • January 15, 2002 • from PLN January, 2002
Ohio Appellate Court Holds No Privacy Right in Urine by The highly influential Tenth District Court of Appeals of Ohio has ruled that prisoners "have no reasonable expectation of privacy in the items they possess in a prison or in the activities in which they engage while incarcerated. This loss …
Article • January 15, 2002 • from PLN January, 2002
West Virginia Supreme Court Fails to Cure Prison Overcrowding - Again by West Virginia's Supreme Court took notice of the overcrowded state prison system, acknowledged that over 850 convicted felons are lodged in county jails and elsewhere while awaiting transfer to state prison, discharged the current Special Master, appointed a …
Article • January 15, 2002 • from PLN January, 2002
Missouri and Benetton Settle Lawsuit Over Death Row Advertisements by On June 15, 2001, Missouri Attorney General Jay Nixon announced that Italian clothes making company Benetton had agreed to settle a lawsuit filed by the state of Missouri by paying $50,000 to a victims compensation fund. In February 2000, Nixon …
Tarrant County (Texas) Jail's 'God Pod' Unconstitutional by by Matthew T. Clarke The Texas Supreme Court has held that the Chaplain's Education Unit (CEU) at the Tarrant County Jail unconstitutionally violates the separation of church and state. In 1992, former Tarrant County (Texas) Sheriff David Williams initiated the CEU program, …
Philadelphia City Prison Fined $1 Million by The Commonwealth Court, Pennsylvania's intermediate appellate court, upheld a trial court order for the City of Philadelphia to pay more than $1 million in fines for failure to provide prisoners with sufficient clothing, laundry access, services, social workers, and vocational training. In 1971, …
Released NYC Prisoners Win Mental Health Benefits by Prisoners in New York City jails who received treatment for mental illness won class certification and a preliminary injunction requiring defendants to provide written discharge plans for prisoners who, during their confinement, received treatment for mental illness. Plaintiffs sought certification of the …
Article • January 15, 2002 • from PLN January, 2002
Pennsylvania Court Upholds Part of Prisoner's Request for Public Records by A Commonwealth Court in Pennsylvania has partially upheld a state prisoner's request for medical information under the state's Right-to-Know Act. The opinion and order affirms in part, and reverses in part, the denial of information by the Pennsylvania Department …
Medical Monitoring Suit Settled for $675,000 by Oregon State Prisoners' Class Action Victory A class action lawsuit by Oregon prisoners involved in radiation experiments from 1963 to 1973 and still living as of December 31, 1997, who were not treated under Oregon's Medical Monitoring Statute (MMS) was settled for $675,000 …
Washington Supreme Court Rules Imprisoned Children Entitled to Education by Patricia Arthur In a case of first impression, the Washington Supreme Court has ruled that prisoners in Washington State under the age of eighteen have a fundamental right under the Washington State Constitution to an education while in prison. [See: …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • November 15, 2001 • from PLN November, 2001
Ex-Prisoner Awarded $2.7 Million on Remand in Medical Neglect Suit by On April 20, 2001, a Denver jury awarded former Colorado prisoner Arthur Nieto, 44, damages totalling $2.7 million in a medical neglect suit against Colorado prison officials and medical staff. In 1991, while imprisoned at the Delta County Correctional …
Virginia Settles Juvenile Death Suit for $1.2 Million by In early April 2001, the Virginia Attorney General's office announced it had agreed to settle a wrongful death suit for $1.2 million. In the December 1999 issue of PLN we reported the death of Wallace Dandridge, 16, a developmentally disabled child …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
Article • November 15, 2001 • from PLN November, 2001
Environmental Challenge Bars Construction of California Prison by Rose Braz by Rose Braz, Esq. A Kern County, California, supperior court judge has barred the state from proceeding with plans to build a $335 million, 5,160 bed maximum-security prison slated for Delano. The groundbreaking ruling came in an environmental lawsuit filed …
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Article • September 15, 2001 • from PLN September, 2001
Washington Supreme Court Upholds 35% Seizure Law by Roger Smith Washington Supreme Court Upholds 35% Seizure Law; But Prisoners Entitled To Interest From Mandatory Savings Accounts The Washington Supreme Court has declared RCW § 72.09.480 to be constitutional. The statute directs the Washington Department of Corrections (DOC) to seize 35% …
No Due Process for Washington Sex Offender Registration by No Due Process For Washington Sex Offender Registration The Washington Supreme Court held that sex offenders are not entitled to notice or a hearing prior to being assigned a registration level. In 1990, the Washington State Legislature enacted the Community Protection …
Article • August 15, 2001 • from PLN August, 2001
Unjust Rape Conviction Nets New York Man $530,000 by In May, 2000, the New York Court Claims in White Plains awarded Victor Ortiz, 41, $530,658 in damages after he spent 12 years in prison for a rape he did not commit. In January 1984, Ortiz, then 25, was convicted of …
Article • August 15, 2001 • from PLN August, 2001
Arizona Supreme Court Rules on 1993 Earned Release Statute by Arizona Supreme Court Rules On 1993 Earned Release Statute The Arizona Supreme Court has held that 1993 amendments to statutes governing earned release credits for Arizona prisoners do not apply to persons convicted of felonies committed prior to the amendment's …
Article • August 15, 2001 • from PLN August, 2001
Pre-Sentence Detention Earns Good Time Credits in Montana Prison by The Montana Supreme Court granted habeas corpus relief to William MacPheat, a Montana state prisoner, who sought goodtime credits for presentence jail time and an earlier release from prison based upon award of those credits. In 1995, MacPheat was charged …
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