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Ex-Employee Wins $500,000 Religious Discrimination Award Against TDCJ by The Texas Department of Criminal Justice (TDCJ) will appeal a half-million dollar judgment against it in favor of an ex-employee who claims she was forced to retire early after complaining of religious discrimination. Vicki Allen-Curry, an ex-employee, sued TDCJ and Richard …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Article • June 15, 2003 • from PLN June, 2003
New Jersey's Five Percenters an STG and a Religion by David Reutter by David M. Reutter The Third Circuit Court of Appeals has affirmed a New Jersey federal district court's grant of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, …
Article • June 15, 2003 • from PLN June, 2003
Filed under: Mail, Mail Regulations
Hawaii Adopts "Mailbox Rule" in Prisoner Civil Actions by Hawaii Adopts "Mailbox Rule" in Prisoner Civil Actions The Hawaii Supreme Court reinstated a prisoner's appeal in a civil action. The prisoner timely gave his notice of appeal to prison guards, who did not mail it until after the filing period …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
When Prison Officials Don't Respond Administrative Remedies Are Exhausted by The U.S. Third Circuit Court of Appeals has reversed a Pennsylvania Federal District Court's dismissal with prejudice of a prisoner's 42 U.S.C. §1983 claim for failure to exhaust remedies. William Boyd a prisoner in custody of the Pennsylvania Department of …
Article • May 15, 2003 • from PLN May, 2003
Texas Parole Officer Hires Parolee for Murder by Gary Hunter In May 2002, Texas Parole Officer Connie Lynn Stones pleaded guilty to charges of solicitation of capital murder after police recorded her trying to hire a hit-man to kill her lover's girlfriend. Stone was in love with Brett Williams, who …
Article • May 15, 2003 • from PLN May, 2003
From the Editor by Paul Wright Welcome to the thirteenth anni-versary issue of PLN. This marks the 157th issue of PLN that we have published since our first issue appeared in May, 1990. In that time period a lot has happened, both with PLN and the prison system we cover. …
CCA Pays $54 Million to IRS and Settles Gender Discrimination Complaint by On October 28, 2002, Corrections Corp. of America, (CCA) settled its 1997 federal taxes after an audit by the Internal Revenue Service for the sum of $54 million. The IRS challenged the validity of the tax deductions that …
Article • May 15, 2003 • from PLN May, 2003
The Parents' Project: Parent-Child Prison Visitation Issues Raised by Bazzetta, et. al. v. McGinnis, et. al. by Denise Johnston by Denise Johnston & Michael Carlin In 1999, the Michigan Department of Corrections [MDOC] imposed a broad set of restrictions upon parent-child prison visitation. These restrictions included prohibition of visits to …
Article • May 15, 2003 • from PLN May, 2003
Prisons Experience Outbreaks of Infectious Disease by Michael Rigby Prisons in Vermont and Pennsylvania dealt with serious outbreaks of infectious disease this past August resulting in the disinfection of an office complex and the filing of a class action lawsuit, respectively. Vermont In late July 2002, an outbreak of Legionnaire's …
Article • May 15, 2003 • from PLN May, 2003
Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner by Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner The U.S. Third Circuit Court of Appeals has upheld the jury verdict and damages award in a Pennsylvania case involving the assault of a state prisoner by guards. [PLN, …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
Article • May 15, 2003 • from PLN May, 2003
Kosher Diets for Prisoners Upheld in Tenth Circuit by Bob Williams The Tenth Circuit Court of Appeals has upheld the Colorado Federal District Court's permanent injunction directing the Colorado Department of Corrections (CDOC) to provide kosher meals to qualified prisoners in accordance with Orthodox Jewish law and rejected the CDOC's …
Article • May 15, 2003 • from PLN May, 2003
San Mateo County Sues California Jail Phone Service Providers by San Mateo County Sues California Jail Phone Service Providers On July 7, 2002, the county of San Mateo, California, brought suit against Pacific Bell and AT&T alleging they cheated the county out of millions of dollars earmarked for a fund …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
Wisconsin Lacks Authority Over Funds of Out-of-State Prisoners by A federal court in Wisconsin held that the Wisconsin Department of Corrections (WDOC) lacks the authority to divert the funds of an out-of-state prisoner into a release account, or to cause the receiving state to do so. In 1998, Wisconsin prisoner …
Article • May 15, 2003 • from PLN May, 2003
Disciplinary Boards are not "State Courts" Under AEDPA by Disciplinary Boards are not "State Courts" Under AEDPA The Seventh Circuit Court of Appeals held that prison disciplinary boards are not "state courts" for purposes of 28 U.S.C. § 2254(e)(1). As such, "the state may not benefit from § 2254 (e) …
Article • May 15, 2003 • from PLN May, 2003
Prison Population Continues to Grow by Continuing a trend first noted in 2000, the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, reported that the overall growth rate of the United States' prison population was quite small. In some states, prison populations actually declined. PLN …
Article • May 15, 2003 • from PLN May, 2003
Filed under: News, News in Brief
News in Brief by Afghanistan: In December, 2002, two prisoners being interrogated by US forces at the Bagram base near Kabul were beaten to death by their captors. Prisoners at the base are routinely kept naked, hooded, shackled and deprived of sleep for days on end while being beaten for …
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