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Article • May 24, 2015
Filed under: Malpractice
Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied by Prisoner Wins $1K for Too-Hot Heating Pad; State's Request to Dismiss for Late Filing Denied After a trial in the New York Court of Claims, a state prisoner was awarded $1,000 after a heating …
Article • May 24, 2015
Filed under: Prisoner Property
Prisoner Compensated for Loss of Property by Prisoner Compensated for Loss of Property A state prisoner won a verdict in the New York Court of Claims to compensate him for property that was lost or destroyed when he was transferred between prisons in 2003. Al Green was incarcerated in the …
Article • May 24, 2015
Prisoner Awarded $750 in Excessive Force Case by Prisoner Awarded $750 in Excessive Force Case A prisoner at the Elmira Correctional Facility in New York won a $750 verdict in his claim that he was assaulted by two guards. Meshach Vallade filed suit in a New York Court of Claims, …
Article • May 24, 2015
Prison Hobby Shop Surcharge Upheld By California Court by Prison Hobby Shop Surcharge Upheld By California Court A California appellate court has upheld a ten percent surcharge imposed on the sale of prison inmates' hobby craft items, overturning a superior court order which held it to be unconstitutional. The case …
Article • May 24, 2015
Filed under: Mail Regulations
Postcard Only Mail Policy Upheld by Florida Federal Court by Postcard Only Mail Policy Upheld by Florida Federal Court A Florida federal district court granted summary judgment in favor of a past-card only mail policy implemented by The Palm Beach County Sheriff’s Office (PBSO). The court’s order came in a …
Article • May 24, 2015
Filed under: Mail Regulations
Post Card Only Claim Dismissed for Sparse Allegations of Fact by Post Card Only Claim Dismissed for Sparse Allegations of Fact A Georgia federal district court dismissed pre-trial detainees’ claims against policies at the Gwinnett County Jail relating to a “Post-card only” mail policy. The court’s order came at the …
Article • May 24, 2015
Parole Hearings Are "Prison Conditions" Subject to Exhaustion by Parole Hearings Are "Prison Conditions" Subject to Exhaustion The U.S. District Court for the Eighth Circuit has held that challenges to parole hearings implicate "prison conditions" and thus are subject to the administrative exhaustion requirements of the Prison Litigation Reform Act …
Article • May 24, 2015
Over $750,000 Awarded in California Wrongful Conviction by Over $750,000 Awarded in California Wrongful Conviction A California state compensation board recently awarded $756,900 to a man who wrongly spent nearly 21 years in prison for the death of his girlfriend’s child, now believed to have been an accident. The amount, …
$2,225 Awarded for 3 Months Wrongful Segregation by $2,225 Awarded for 3 Months Wrongful Segregation A New York state prisoner who claimed he was wrongfully kept in segregation for 89 days was awarded $2,225 by a New York Court of Claims judge in May 2012. The amount represented $25.00 for …
Article • May 24, 2015
Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed by Oregon Wrongful Imprisonment Time-Bar Dismissal Reversed On March 26, 2014, the Oregon Court of Appeals held that if service of summons is completed within 60 days of filing a tort claim against a public body, the action is commenced the day the complaint …
Article • May 24, 2015
Oregon Prisoners Must Attach Evidence to Petitions for Post-Conviction Release by Oregon Prisoners Must Attach Evidence to Petitions for Post-Conviction Release On June 12, 2014, the En Banc Oregon Supreme Court held that a post-conviction relief (PCR) petitioner must attach an affidavit or other evidence, supporting every element of every …
Article • May 23, 2015
$525,000 Settlement in Georgia Prisoner’s Death Caused by Untreated Alcohol Withdrawal by $525,000 Settlement in Georgia Prisoner’s Death Caused by Untreated Alcohol Withdrawal A $525,000 settlement was reached in the death of a prisoner at the Coweta County Jail. The death was occurred while the prisoner was strapped to a …
Article • May 23, 2015
$284,500 Settlement in South Carolina Restraint Chair Death by $284,500 Settlement in South Carolina Restraint Chair Death A $284,500 settlement was reached in the death of a pre-trail detainee at South Carolina’s Beaufort County detention center. The man’s estate, which consisted of his wife and four children, sued Beaufort County …
$250,000 Settlement for Women’s Loss of Child in CCA Tennessee Jail by $250,000 Settlement for Women’s Loss of Child in CCA Tennessee Jail Corrections Corporation of America (CCA) paid $250,000 to settle a lawsuit claiming it provided inadequate medical care that caused her to lose her baby. Unable to make …
Article • May 23, 2015
$250,000 Awarded in Legal Malpractice Case by $250,000 Awarded in Legal Malpractice Case A New York federal judge upheld a magistrate's report and recommendation and awarded $250,000 to a man who said he wrongly spent 25 days in a mental hospital and his lawyer failed to file the necessary paperwork …
Brief • May 22, 2015
Thomas v. Cannon, WA, Complaint, Wrongful Death Sniper, 2015 Case 3:15-cv-05346 Document 1 Filed 05/22/15 Page 1 of 17 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 FREDRICK and ANNALESA THOMAS; and JO-HANNA READ, as Guardian ad Litem of …
In-the-News Article • May 21, 2015
PLN settles censorship suit against Virginia Beach jail May 21, 2015 Articles about PLN Litigation Hampton Roads Magazine returns to jail after settlement ends suit By Margaret Matray The Virginian-Pilot © May 21, 2015 VIRGINIA BEACH A magazine for prisoner rights will be allowed to circulate in the city's jail after reaching …
In-the-News Article • May 21, 2015
Private Prison Information Act reintroduced in 114th Congress May 21, 2015 PLN Press Releases Prison Legal News PRESS RELEASE   Human Rights Defense Center For Immediate Release     May 21, 2015    Bill Reintroduced in Congress to Ensure Public Accountability, Transparency at Privately-Operated Prisons     Nashville, TN – On Wednesday, …
McKibben v. McMahon, CA, Second Amended Complaint, LGBT Wrongful Treatment, 2015 Case 5:14-cv-02171-JGB-SP Document 37 Filed 05/20/15 Page 1 of 65 Page ID #:385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Barrett S. Litt, SBN 45527 E-Mail: blitt@kmbllaw.com David S. McLane, SBN …
Brief • May 20, 2015
Akers v. Prummell, et al., FL, complaint, suicide, 2015
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