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Military Prisoners Cannot Sue Over Conditions of Confinement by In a landmark decision, the United States Tenth Circuit Court of Appeals, affirming the United States District Court of Kansas, has held that a military prisoner cannot sue over conditions of confinement in a military prison, even if the prisoner is …
Article • September 15, 2003 • from PLN September, 2003
Texas Magistrate Suspended for Verbally Abusing Prisoners by Texas Magistrate Suspended For Verbally Abusing Prisoners by Matthew T. Clarke A Brazoria County, Texas, Justice of the Peace (JP) has been suspended pending the outcome of judicial misconduct proceedings, after he used profanity and racial slurs to verbally abuse prisoners in …
Georgia Jury Awards $325,000 to Prisoner's Widow in Legal Malpractice Case by Georgia Jury Awards $325,000 to Prisoner's Widow In Legal Malpractice Case On July 13, 2002, a Carroll Counrty, Georgia, jury awarded $325,000 to the widow of a prisoner who allegedly died due to medical malpractice and neglect. The …
Article • September 15, 2003 • from PLN September, 2003
Canadian Supreme Court Grants Prisoners Right to Vote by Lonnie Burton On November 3, 2002, the Supreme Court of Canada struck down a law that barred prisoners serving sentences of two years or more from voting in federal elections. In a sharply divided 5-4 decision, the Canadian high court held …
Article • September 15, 2003 • from PLN September, 2003
The Death Penalty in 2001 by According to the Bureau of Justice Statistics (BJS), by the end of December 2001, 3,581 prisoners were under sentence of death in the thirty-seven States and the Federal prison system in the United States. Fewer prisoners (155) were received under sentence of death than …
Article • September 15, 2003 • from PLN September, 2003
Justice Department Report Decries Smuggling in Federal Prisons by Justice Department Report Decries Smuggling in Federal Prisons The U. S. Justice Department has issued a report decrying the ability of smugglers to get regular shipments of drugs even into the highest security federal prisons. The report blames visitors, mail, and …
Article • September 15, 2003 • from PLN September, 2003
Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax by Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax The US District Court (E.D. Calif.) issued an order preventing the CA Dept. of Corrections (CDC) from housing mentally ill prisoners in its psychologically isolating and debilitating …
South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by South Carolina Found in Contempt for Non-Treatment of Mentally Ill Prisoners by Lonnie Burton The South Carolina Department of Mental Health (DMH) and its director were held in contempt of court on September 5, 2002, for ignoring repeated …
Expert Witness Standard in RLUIPA Gang Case by The United States District Court for the Southern District of New York has denied in part and granted in part summary judgment to New York's Department of Correctional Services (DOCS), in a case involving the beliefs, practices, and literature of the Nations …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Criminal Law Update by Reaves, Jr, Walter M by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to prisoners and those interested in post-conviction litigation. SEARCH AND SEIZURE Corroboration of Affidavit - United …
Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Article • August 15, 2003 • from PLN August, 2003
Sadistic New Jersey Prison Doctor's License Revoked Amid Allegations of Neglect, Malpractice by Lonnie Burton On November 13, 2002, the New Jersey Board of Medical Examiners revoked the license of Dr. John J. Napoleon following the most recent allegations that he was grossly negligent in the treatment of nine patients …
Article • August 15, 2003 • from PLN August, 2003
$3.2 Million Awarded to New York Jail Prisoner in Work Accident by On October 18, 2002, a Queens county, New York, jury awarded Ronald York, a 21 year old prisoner at the New York City jail on Riker's Island, $3.2 million in damages as compensation for a work injury. Ronald …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Civil Procedure, Damages
Pro Se Tips and Tactics: Damages by John Midgley 1. Overview of Punitive Damages When people discuss "money damages" in connection with a lawsuit for personal injury, they are usually thinking of damages that relate directly to the injury. Examples include money to compensate a plaintiff for lasting physical injury …
Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted by Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted The U.S. District Court for the Southern District of Ohio has awarded partial summary judgment to a former pretrial detainee in a case involving seizure of the detainee's funds by the …
Article • August 15, 2003 • from PLN August, 2003
Settlement of Hamilton County, Ohio, Jail Booking Fees Case by After protracted negotiations and two court rulings finding the defendants liable, Hamilton County, Ohio, officials finally agreed to settle the claims challenging its Pay-for-Stay program (see mail article). Led by Cincinnati attorney Stephen R. Felson, with attorney Robert B. Newman, …
Article • August 15, 2003 • from PLN August, 2003
Butler County, Ohio, Settles Jail Booking Fee Suit by Butler County, Ohio, Settles Jail Booking Fee Suit The Sheriff and Commissioners of Butler County, Ohio, settled a lawsuit over its Pay-to-Stay program brought in the United States District Court for the Southern District of Ohio, Western Division, by a citizen …
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