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Article • August 15, 2002 • from PLN August, 2002
Washington Prisoner Attorney Disciplined for Negligence by by Lonnie Burton Attorney Jean Scheidler-Brown holds the DOC "free-services" contract to provide legal representation to prisoners incarcerated at McNeil Island Corrections Center (MICC) and the Washington Correction Center for Women, both in Washington state. In April 1997, she agreed to represent MICC …
USPC Reverses Stance on HIV Discrimination after Suit Filed by Deborah M Golden by Deborah M. Golden In September 2001, the United States Parole Commission (USPC) issued a Notice of Action that, while not precedent, signifies an important policy and a possible way for prisoners to challenge parole decisions. The …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Suicides, Juveniles
Texas Juvenile Jail Suicide Settles for $100,000 by On October 5, 2001, the Denton County Juvenile Detention Center in Texas agreed to a pre lawsuit settlement of $100,000 in the suicide death of Seth Moss. Moss, 15, was being held in the Center as a runaway. Apparently Moss hung himself …
Remand Defeats Georgia DOC's Attempted 11th Amendment Immunity Bar by John E Dannenberg by John E. Dannenberg The US District Court (M.D. Ga.) remanded a state prisoner 42 USC §1983 medical indifference civil rights suit back to state court because under state law, defendant Georgia Dept. of Corrections (DOC) could …
BOP Policy Denying Electric Musical Instruments Upheld; Religious Exception Enjoined by The United States District Court for the District of Columbia has upheld the Federal Bureau of Prisons (BOP) policy prohibiting prisoners from using or possessing electric guitars or electronic musical instruments. The court enjoined BOP's exception that permitted electric …
Wisconsin DOC in Contempt for Not Collecting PLRA Fees by Wisconsin DOC in Contempt For Not Collecting PLRA Fees The US District Court (E.D. Wis.) issued an Order to Show Cause to Wisconsin DOC Secretary Jon E. Litscher as to why he should not be held in contempt for declaring …
Statute of Limitation Tolled by Administrative Exhaustion by The Eleventh Circuit Court of Appeals for the has reversed and remanded for a district court to decide, in the first instance, whether the statute of limitations is tolled by a prisoner's satisfaction of the mandatory exhaustion requirements of 42 U.S.C. § …
Article • August 15, 2002 • from PLN August, 2002
New Florida Trend: Abuse in a Spray Can by Frank Valdes may have accomplished in death what he could not in life: a decrease in prisoner beatings by guards. The problem of abusive guards, nonetheless, has not disappeared after Valdes's murder. The form of the abuse has progressed to frequent …
Motion Accepted as Appeal Notice; Damage Award Set Off Against Costs by The Eleventh Circuit Court of Appeals has held that a pro se motion must be accepted as a notice of appeal if it states the intent to appeal, and that a jury's damage award could be set off …
Article • August 15, 2002 • from PLN August, 2002
Nevada Juvenile Road Accident Kills Six, Settles for $3.5 Million by Six Nevada teenagers in a juvenile offender program working to pay off fees and restitution in lieu of doing time in a detention center were struck and killed in March 2000 as they picked up trash on a freeway …
Two Private Kentucky Youth Facilities Closed for Abuse by Gary Hunter It took only six weeks for the Juvenile Justice Department (JJD) to close two Kentucky Youth Academy (KYA) facilities. On Sept. 14th, 2001 the Kentucky Division of Protection and Advocacy (DPA) filed suit in federal court charging the Central …
Article • July 15, 2002 • from PLN July, 2002
From the Editor by Paul Wright PLN 's cumulative index is now available. The index has almost 500 different subject categories for all articles reported by PLN . No more time spent looking vainly for cases or articles under various topics. PLN 's new indexing system is designed for the …
Article • July 15, 2002 • from PLN July, 2002
Pro Se Tips and Tactics: Unknown Defendant Identities by John Midgley A recent Supreme Court case highlights a problem some prisoners face in finding the exact identities of defendants in civil rights cases. This column discusses this problem and some possible solutions. In most cases, you must sue individuals and …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Oregon DOC Over Mail Censorship, Again by On April 2, 2002 Prison Legal News filed suit in federal court in Portland, Oregon, challenging the Oregon prison system's ongoing attempts to prevent Oregon prisoners from subscribing to PLN and receiving their subscriptions or book orders if they did subscribe. …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Mail, Mail Regulations
PLN Sues Kansas DOC Over Censorship Policies by PLN Sues Kansas DOC over Censorship Policies On April 4, 2002, PLN sued the Kansas DOC challenging various prison-system-wide polices that prevent Kansas prisoners from being able to subscribe to PLN or to receive the books that PLN distributes. For at least …
Oregon Prisoners Sue for HCV Treatment by On November 1, 2001, a group of Oregon prisoners filed suit in federal court against the State of Oregon, the Oregon Department of Corrections (ODOC), and several individual ODOC medical personnel related to the systematic denial and delay of adequate diagnosis and treatment …
Moore Medical and Prison Industry Leaders Sign Agreements by Moore Medical Corporation, a leading supplier of medical, surgical, and pharmaceutical products, recently signed multi-year agreements with three major corrections industry organizations on September 5, 2001. Moore will provide internet, telesales, and catalog procurement services to the 65 facilities managed by …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Georgia Sheriff Charged in Murder of Successor by Lonnie Burton In November 2000, DeKalb County (GA) Sheriff Sidney Dorsey was locked in a close re-election bid with political rival Derwin Brown. Brown defeated Dorsey in that contest, but Sheriff Dorsey, apparently unwilling to accept the will of the voters, allegedly …
Deaths in Florida and Virginia Jails Spark National Investigations by Gary Hunter The badly bloated body of Kathy Kearns was removed from her Virginia Beach jail cell in the early morning hours of April 26, 2001. Testimony from witnesses and evidence from jail and city records show that Kearns desperately …
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