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Article • January 15, 2002 • from PLN January, 2002
Denial of Clothing to Arrestees States Claim for Relief; Suit Settles for $31,500 by A Michigan Federal District Court has ruled that arrestees detained in a city jail without any clothing or covering for between six and eighteen hours as a suicide prevention method, with limited exposure to viewing by …
Article • January 15, 2002 • from PLN January, 2002
Pennsylvania Court Upholds Part of Prisoner's Request for Public Records by A Commonwealth Court in Pennsylvania has partially upheld a state prisoner's request for medical information under the state's Right-to-Know Act. The opinion and order affirms in part, and reverses in part, the denial of information by the Pennsylvania Department …
Article • December 15, 2001 • from PLN December, 2001
Telemarketing and Computer Programs Crash at Utah Prison by Roger Hummel "Hi, how are you doing? I am fine. My name is David ... If you will be willing to go out with me, will you answer these questions honestly as to what you will be willing to do with …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Article • December 15, 2001 • from PLN December, 2001
From the Editor by Paul Wright Some readers have recently contacted PLN after letters they sent to our Seattle address were returned to them by the post office marked "undeliverable as addressed." PLN 's address has not changed. Inquiries with the post office have not been very helpful. Postal officials …
Article • December 15, 2001 • from PLN December, 2001
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional by Two District Court Rulings Overturned The Court of Appeals for the Sixth Circuit has overruled two federal magistrates, both of whom, in separate decisions, had previously held that the statutory limitatons on attorneys' fees in prisoner civil rights actions …
Prisoners Stage Sit Down at CCA Run New Mexico Prison by Gary Hunter Over 650 prisoners engaged in an apparently spontaneous protest at a Federal prison in New Mexico. On Monday, April 13, 2001, prisoners at the Cibola County Correctional Center congregated in the recreation yard and refused to leave. …
Arizona CCA Prison Found 'In Turmoil' by Ronald Young Hawaii officials found a prison "in turmoil" while inspecting a Florence, Arizona prison where about 560 Hawaii prisoners are being warehoused. The prison is operated by Nashville based Corrections Corporation of America. An inspection of the prison conducted in April 2001 …
$1.5 Million Awarded in CDC Medical Neglect Suit by $1.5 Million Awarded In CDC Medical Neglect Suit In November 2000, a jury awarded the Estate of Mark Holton and Amanda Holton a total of $1.5 million in costs and damages, as well as $279,000 in attorneys' fees, in a civil …
Article • December 15, 2001 • from PLN December, 2001
$100,000 Awarded in Arizona Medical Indifference Case by Lonnie Burton In January 2000, the Ninth Circuit Court of Appeals upheld a jury verdict awarding $100,000 to a former Arizona prisoner who was refused medical treatment while at the Maricopa County Jail. In late 1994, Daniel Hawkins was arrested and booked …
Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders by Lonnie Burton Washington Governor Gary Locke recently signed into law the biggest changes to that state's sentencing laws since the Sentencing Reform Act of 1984 (SRA) was established. The Bill, known formally as Third Engrossed Substitute Senate …
Medical Monitoring Suit Settled for $675,000 by Oregon State Prisoners' Class Action Victory A class action lawsuit by Oregon prisoners involved in radiation experiments from 1963 to 1973 and still living as of December 31, 1997, who were not treated under Oregon's Medical Monitoring Statute (MMS) was settled for $675,000 …
Article • December 15, 2001 • from PLN December, 2001
Oregon Radiation Suit Settled for $1.5 Million by On April 24, 2001, a class action lawsuit by Oregon prisoners who participated in radiation experiments from 1963 to 1973 was settled for $1,517,000 in damages, attorneys' fees, costs and expenses. Sixty_seven prisoners at the Oregon State Penitentiary participated in experiments in …
Washington Supreme Court Rules Imprisoned Children Entitled to Education by Patricia Arthur In a case of first impression, the Washington Supreme Court has ruled that prisoners in Washington State under the age of eighteen have a fundamental right under the Washington State Constitution to an education while in prison. [See: …
Article • December 15, 2001 • from PLN December, 2001
Habeas Hints: AEDPA Update 2001 by Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • December 15, 2001 • from PLN December, 2001
New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners by In the April 2001 issue of PLN we reported Friedl v. City of New York , 210 F.3d 79 (2nd Cir. 2000) in which Walter Friedl, a New York Department of Correctional Services (DOCS) prisoner on work …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Sentencing, Detainers
U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal by The United States Supreme Court held that the "anti-shuttling" provision of Article IV(e) of the Interstate Agreement on Detainers (IAD) requires dismissal of the pending criminal charge(s) in the receiving state when the prisoner is returned to the …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Civil Procedure, Appeals
Failure to Sign Notice of Appeal Not Jurisdictional by In a unanimous decision, the United States Supreme Court held that although the Federal Rules of Appellate Procedure (FRAP) require that a notice of appeal be signed, the failure to sign a timely notice did not require the Court of Appeals …
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