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Hitching Post Unconstitutional by David Reutter The Court of Appeals for the Eleventh Circuit has held that handcuffing a prisoner to a hitching post for prolonged periods violates the Eighth Amendment, but granted guards qualified immunity. Alabama prisoner Larry Hope was assigned to the chain gang at Limestone Correctional Facility …
Claims Dismissed in First Challenge to BOP Communications Ban by by Matthew T .Clarke The Tenth Circuit Court of Appeals has ordered the claims in the first published challenge to the implementation of Special Administrative Measures (SAMs) by the federal Bureau of Prisons (BOP) dismissed without prejudice for failure to …
New Retaliation Standard Defined by In a case of first impression, the Court of Appeals for the Third Circuit has defined a prisoner's burden of proof in a retaliation claim. Prisoner Henry Rauser sued Pennsylvania Department of Corrections (PDOC) officials after they retaliated against him for exercising his right to …
Article • March 15, 2002 • from PLN March, 2002
NCIA Report Finds Prison Race Statistics Distorted by A report released in May 2001, says that Hispanic/Latino prisoners are often classified in a variety of racial categories, which results in a distortion of prison statistics reporting the racial composition of American prison populations. The research report, Masking The Divide: How …
Article • March 15, 2002 • from PLN March, 2002
New York Court Limits "Son of Sam" Law by New York Court Limits "Son of Sam" Law A New York appellate court affirmed a trial court ruling that, absent a state felony conviction and a complaint by the victim, the Crime Victims Board lacked authority to compel criminals to forfeit …
New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton In June 2001, the State of New York amended its socalled "Son of Sam" law to allow crime victims to …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed by A prison guard's motions for summary judgment and dismissal of a prisoner's 42 USC § 1983 action were denied after a federal district court found that further discovery was required and the prisoner's failure to follow orders …
Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated' by The Sixth Circuit Court of Appeals, in a case addressing an Ohio prisoner's suit over the Department of Rehabilitation and Correction's (DORC) hairlength restriction "as applied," has reversed the district court's denial of qualified immunity to DORC defendants, but …
Article • March 15, 2002 • from PLN March, 2002
Arizona Prisoner Adequately Pleaded Section 1983 Claim by The Arizona Court of Appeals held that a prisoner was barred from bringing a tort action against the state and Department of Corrections (DOC) but that his allegations were sufficient to support a claim against a prison official under 42 U.S.C. § …
Ohio Appeals Court Allows Prisoner's Request for Past Work Information on Guards by The Fourth District Court of Appeals of Ohio has reversed the decision of the Pickaway County Court of Common Pleas denying a prisoner's request for specific work information relating to two guards in the Department of Rehabilitation …
Article • March 15, 2002 • from PLN March, 2002
Filed under: News, News in Brief
News in Brief by Alaska: The state of Alaska has launched its first drive to recruit prison guards since 1988 to fill 40 guard positions when it opens a state jail in Anchorage. Applicants must be 21 years old, no experience is required. Starting pay is $33,300 a year, one …
Article • March 15, 2002 • from PLN March, 2002
$630,000 Plus Paid in Ulcer Related Death by $630,000 plus paid in ulcer related death On May 16, 1994, Gertrude Barrow, 41, died at the Washington Corrections Center for Women (WCCW) of a perforated chronic peptic ulcer and acute peritonitis. She was just three months short of her release date. …
$225,000 Paid in Mentally Ill Prisoner's Death by $225,000 paid in mentally ill prisoner's death In 1991, John E. Rickert was placed in the DOC's custody to serve a sentence upon conviction of a crime. Mr. Rickert was suffering from an unspecified mental illness at the time of his incarceration, …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Muscular
$5,000 for Severed Tendon by $5,000 for severed tendon On April 5, 1993, a Physician's Assistant at the WSP severed a tendon in Walter Mathis' left thumb. This injury resulted in the loss of ability to extend the thumb, and required surgery to attempt correction of the problem. Even after …
Article • March 15, 2002 • from PLN March, 2002
$1,500 Paid for Failure to Provide Pain Medication by $1,500 paid for failure to provide pain medication On July 7, 1993, Leonard Willis dropped a 65-pound weight on his left ring finger while incarcerated at the CRCC. The injury was extraordinarily painful, and Mr. Willis immediately sought medical attention. Although …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, HIV/AIDS, Cancer
$1,500 for Refusal to Treat HIV Positive Cancer Patient by $1,500 for refusal to treat HIV positive cancer patient In 1996, Samuel Page was confined at the WSP. Mr. Page is HIV positive and had cancer. When he sought treatment for his condition, Dr. Alfred Marur, the contract physician for …
Article • March 15, 2002 • from PLN March, 2002
$1,500 for Failure to Assist Disabled Prisoner by $1,500 for failure to assist disabled prisoner In 1999, Ronald Christner was confined at the AHCC. Mr. Christner is disabled and requires assistance in attending to his personal hygiene needs. On August 8, Mr. Christner was given a bath by AHCC nursing …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Appendicitis
$1,000 for Unnecessary Appendectomy by $1,000 for unnecessary appendectomy In May through June of 1994, Robert Falcone was incarcerated at the Lewis County Jail in the custody of the DOC. Medical staff at the jail misdiagnosed and mistreated Mr. Falcone, resulting in his receiving an unnecessary appendectomy. Mr. Falcone's neck …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Stroke
$250 for Lack of Aftercare Following Stroke by $250 for lack of aftercare following stroke On February 8, 1996, while incarcerated at the WSP, Frederick Aylward suffered a stroke. The stroke severely limited Mr. Aylward's mobility. Following the stroke, WSP medical staff refused to provide physical therapy to assist Mr. …
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