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PLRA Physical Injury Rule Applies to ADA Claims by The Circuit Court of Appeals for the Seventh Circuit has held that the Prison Litigation Reform Act (PLRA) rule of requiring physical injury applies to damage claims brought under the American with Disabilities Act (ADA) and Rehabilitation Act of 1973. Richard …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Article • July 15, 2001 • from PLN July, 2001
Massachusetts Disenfranchises its Prisoners by Massachusetts Disenfranchises Its Prisoners by Peter Wagner On November 7, 2000, by a 2 to 1 margin, Massachusetts disenfranchised its prisoners with a constitutional amendment called Question 2. Question 2 marked the first time that the Massachusetts constitution had been amended to take away rights …
Article • July 15, 2001 • from PLN July, 2001
Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review by Lack of "Volitional Control" Required for Civil Commitment of Kansas Sex Offenders; S.Ct. Grants Review The Kansas Supreme Court has held that the Due Process Clause of the Fourteenth Amendment requires proof of a …
Arkansas Guards Indicted for Shocking Prisoners by Arkansas Guards Indicted For Shocking Prisoners On February 7, 2001, criminal charges were filed in a federal District Court in Arkansas against 6 former guards who beat handcuffed prisoners and shocked them with a stungun and a cattle prod. On January 7, 1998, …
Texas Prisoner Takes Hostages by On January 5th at approximately 10:30 pm a Texas prisoner used a fake gun to back down an armed guard and hold an entire SWAT team at bay for over an hour. Dekenya Nelson used a hairbrush, soap, a deodorant bottle, and pages from the …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Furloughs, Medical, Dental Care
Detainee Entitled to Dental Care by Detainee Entitled To Dental Care A New York federal district Court ruled the Bureau of Prisons (BOP) must provide detainee Melvin Lloyd Richards immediate dental care or release him. Richards was remanded to custody after convicted by a jury on January 17, 2000. Thereafter, …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Work, Workplace Injury, Damages
New York Prisoner Wins $7,200 in Negligence Suit by New York Prisoner Wins $7,200 In Negligence Suit On January 31, 2000, the Court of Claims in Binghamton, New York awarded $7,200 in damages to Kenneth Edmonds, who was injured in an accident while he was working on a prison work …
Court to Determine if Louisiana Must Treat Male and Female Prisoners Equally by The court of appeals for the Fifth Circuit has held that the issue of whether Louisiana violated the Equal Protection Clause by treating female prisoners more favorable than male prisoners cannot be resolved at the motion to …
Article • July 15, 2001 • from PLN July, 2001
$9.5 Million Awarded in Prisoner Van Fire Death by $9.5 Million Awarded In Prisoner Van Fire Death In late February 2001, Kathryn Catalano received a $9.5 million jury award in a Tennessee U.S. District Court. She sued after her father died in an extradition van fire. Federal Extradition Agency (FEA) …
Trial Required in Arizona Uprising Suit by The Court of Appeals for the Ninth Circuit reversed a district court decision granting summary judgment to prison officials in a case involving the treatment of prisoners following a prison uprising. In 1995 the Graham Unit of the Arizona State Prison in Safford, …
New York City Settles Black Panther Frame Up Suit for $890,000 by Roger Smith On December 5, 2000, New York City officials agreed to settle Dhoruba alMujahid bin Wahad's wrongful imprisonment suit for $490,000 in damages, costs, and attorney fees. Wahad, a former Black Panther leader, was convicted of attempted …
$1.4 Million Awarded to Raped Alaska Women Prisoners by $1.4 Million Awarded To Raped Alaska Women Prisoners On January 22, 2001 an Anchorage, Alaska superior court jury awarded nearly $1.4 million to five women in a civil action arising from their being sexually assaulted by a guard at an Anchorage …
Article • July 15, 2001 • from PLN July, 2001
Kansas Conditional Release Is Mandatory by Kansas Conditional Release is Mandatory The Kansas state court of appeals held that the parole hoard could not rescind parole revocation and convert it to a conditional release revocation. The court also held that the retroactive application of a rule governing withholding of good …
Women Behind Bars by Silja JA Talvi It's the kind of statistic that deserves repeated mention: America's prisons and jails now hold just under two million persons, or 1 in every 142 U.S. residents. To put America's incarceration rates into perspective, it's worth bearing in mind from 1990 to 2000, …
Article • June 15, 2001 • from PLN June, 2001
From the Editor by Paul Wright Welcome to another issue of PLN. Right now we are still focused on getting our publishing schedule back on track so that readers receive their issue around the beginning of the issue's calender date. We expect to be back on schedule by July. As …
Strikes Sweep Bolivian Prisons as Promise of Freedom Fades by Julia Lutsky In celebration of Jubilee 2000, Roman Catholic Pope John Paul asked the nations of the world to pardon crimes and free prisoners where possible. Bolivia responded with Law 2098 "to celebrate the coming of the third millennium by …
Article • June 15, 2001 • from PLN June, 2001
Custodial Rape of Female Prisoners Widespread in U.S. by Roger Smith Custodial Rape Of Female Prisoners Widespread In U.S. by Roger Smith American jail and prison officials sexually molest hundreds, and possibly thousands of women prisoners each year. According to a March 2001 report by Amnesty International USA, over 1,000 …
Article • June 15, 2001 • from PLN June, 2001
Wrongfully Convicted Ohio Man Receives $250,000 Award by On January 11, 2001, a Columbus, Ohio man who spent nearly six years in prison for three rapes he did not commit was awarded almost $250,000 in damages by the Ohio Court of Claims. Walter D. Smith, 43, was released from the …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
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