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$56.5 Million Jury Verdict in Indiana Jail Murder by On May 9, 2002, a federal jury in Indiana awarded $56.5 million dollars in damages to the estate of a jail detainee who was beaten to death by jail guards. This is believed to be the largest jury verdict in Indiana …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
Failure to Timely Raise Exhaustion Defense Waives that Defense by Failure To Timely Raise Exhaustion Defense Waives That Defense In a successful class-action 42 USC § 1983 civil rights complaint brought by seriously mentally ill Wisconsin Supermax prisoners for injunctive relief [see 164 F.Supp.2d 1096], prison official defendants' motion to …
Article • February 15, 2003 • from PLN February, 2003
Hawaii SO Notification Law Violates Due Process by The Hawaii Supreme Court held that the state's sex offender notification law violates the due process clause of the Hawaii Constitution by providing public notification without any procedural safeguards. Eto Bani pled no contest to Sexual Assault in the Fourth Degree. The …
Article • January 15, 2003 • from PLN January, 2003
Filed under: News, News in Brief
News in Brief by Alabama: On May 8, 2002, Mobile county sheriff Jack Tillman fired jail warden Kenneth Cooper for making false statements on his job application. Cooper claimed he had graduated from Valdosta State with a bachelor's degree in physical education. School records indicate he never graduated. Alaska: On …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
Article • January 15, 2003 • from PLN January, 2003
FLSA Inapplicable to Oklahoma Prisoners in Private Prisons by An Oklahoma appellate court held that the Fair Labor Standards Act, (FLSA) does not apply to prisoners in private prisons. Michael Washington, a prisoner of the Oklahoma Department of Corrections, (ODOC), was transferred to the Great Plains Correctional Facility, (GPCF), a …
Article • January 15, 2003 • from PLN January, 2003
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
Article • January 15, 2003 • from PLN January, 2003
From the Editor by Paul Wright Welcome to the first issue of PLN for 2003. If you have not yet been donated to PLN's annual fund-raiser it is not too late to do so. All donations, large or small, help. Your donations go directly to supporting the work that PLN …
Article • January 15, 2003 • from PLN January, 2003
Habeas Hints: Procedural Update by Kent Russell This column is intended to pro-vide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs habeas …
Article • January 15, 2003 • from PLN January, 2003
The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes by Alan Prendergast As an aspiring 26-year-old writer with a dark past, Mark Jordan figures he has plenty to tell the world. He has stories about bank robberies, for instance, and the many episodes of violence …
Article • January 15, 2003 • from PLN January, 2003
Book Review: From Prison to Home by Roger Hummel by Jeremy Travis, Amy Solomon and Michelle Waul Justice Policy Center, the Urban Institute, Washington DC, 2001, 56 pages, paper Review by Roger Hummel In a remarkable new book from the Urban Institute's Justice Policy Center, the dimensions of prisoner reentry …
Article • January 15, 2003 • from PLN January, 2003
North Carolina Jail Fire Kills Eight Prisoners by A fire in the Mitchell county jail at Bakersville, North Carolina killed eight prisoners on May 3rd. Joey Grindstaff, 23; Mark Thomas, 20; Edmond Banks, 46; Danny Johnson, 42; Jesse Davis, 27; Jeremiah Presnell, 20; Jason Boston, 27; and Tywain Neal, 28 …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Article • January 15, 2003 • from PLN January, 2003
Hustler Magazine Survives Arizona Prison Obscenity Test by On remand from the Ninth Circuit, the U.S. District Court for the District of Arizona found that prison officials were misapplying the constitutional obscenity standard and improperly seizing a prisoner's copies of Hustler magazine. Prison officials were ordered to pay $65 in …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
Article • January 15, 2003 • from PLN January, 2003
Sexual Assault Violates Eighth Amendment by A federal district court in Delaware has held, in denying a motion to dismiss, that a sexual assault during an obstetric medical exam violates the Eighth Amendment. Baylor Women's Correctional Facility prisoner Shalnessa Goode sued, under 42 U.S.C. § 1983, Correctional Medical Services (CMS) …
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings by by Matthew T. Clarke Six guards and a warden have been convicted in federal court of charges stemming from brutal beatings and subsequent cover up attempts at the 1,200 man Lea County Correctional Facility in Hoots, New Mexico, …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
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