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ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Thirty Days to Sue Following Resolution of Grievance by An appeals court in Texas has held that Texas prisoners have only 30 days to file a lawsuit after resolution of their administrative grievance. Failure to do so results in dismissal of the suit. Richard James Randle, a …
Article • June 15, 2001 • from PLN June, 2001
Prisoners of the Census by Tracy Huling Record numbers of urban people of color are now in prisons in rural areas _ where the census counts them as residents. Result? The prisoners' `share' of federal funds pegged to population counts will go to their keepers' hometowns. Since April Fool's Day, …
Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
Article • June 15, 2001 • from PLN June, 2001
Suspicionless Maine Jail Strip Searches Set for Trial; Settles for $455,000 by The court of appeals for the First circuit held that disputed fact issues required a trial to determine if a Maine jail's practice of strip-searching all arrestees was unconstitutional. Carmen Miller was arrested on a restricted warrant and …
Article • June 15, 2001 • from PLN June, 2001
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
Article • June 15, 2001 • from PLN June, 2001
Indiana Jail Settles Strip Search Case for $300,000 by Indiana Jail Settles Strip Search Case For $300,000 On June 6, 2000 Harrison County, Indiana, Jail officials agreed to settle a class action lawsuit involving nearly 200 people who sued in an Indiana federal district court after they were illegally strip …
Article • June 15, 2001 • from PLN June, 2001
Filed under: News, News in Brief
News in Brief by AL: In December 2000, Montgomery jail guard Eileen Mayfield was accused of coercing five male prisoners into giving her sexual favors in exchange for candy, snacks and cigarettes. Brazil: On April 12, 2001, 368 prisoners at the Carumbe prison in Cuiaba took 150 visiting family members …
Article • June 15, 2001 • from PLN June, 2001
Ten Percent Prison Commissary Surcharge in New Jersey Upheld by The Superior Court of Appeals of New Jersey has held that the 10% surcharge on purchases from prison commissaries in New Jersey is constitutional. Paul Auge, a New Jersey state prisoner, filed suit in state court challenging the imposition by …
Article • June 15, 2001 • from PLN June, 2001
Harsh Hitching Post Treatment States Claim by An Alabama federal district Court ruled state prisoner Toby Fountain stated a cruel and unusual punishment claim under 42 U.S.C. 1983 for being tied to a hitching post for 9 hours. Alabama DOC authorizes the use of a "restraining bar," that is better …
Article • June 15, 2001 • from PLN June, 2001
Statutory Authority Not Required to Levy Housing Costs by Statutory Authority Not Required To Levy Housing Costs The Third Circuit Court of Appeals held that prison officials can levy housing cost liens without statutory authority. Prisoner Leonard G. Tillman filed a 42 U.S.C. §1983 action challenging the Lebanon County Correctional …
Article • June 15, 2001 • from PLN June, 2001
Continuing California's Prison Interview Ban by Willie Wisely by W. Wisely For the second year in a row, California Governor Gray Davis vetoed a bill aimed to restore news media access to prisoners. On Monday, October 2, 2000, Davis vetoed the bill, sponsored by the Society of Professional Journalists, which …
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that could have an impact on prisoners who provide (free of charge) legal assistance to other prisoners. In this column, I discuss this new case and its implications. In April, the Court unanimously decided that …
Failure to Notify Prisoner of Hearing Violates Procedural Rights by The Supreme Court of Wisconsin found that when prison officials ignore their own rules requiring a prisoner to be notified of the date, time, and location of disciplinary proceedings against him, the prisoner's fundamental rights are violated and the disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Bid to Regain Family Visits Fails in California by Willie Wisely by W. Wisely On December 29, 2000, the Ninth Circuit Court of Appeals upheld a district judge's order dismissing a lawsuit challenging prison regulations, which eliminated family visits for the majority of California prisoners. U.S. District Judge William Shubb …
Supreme Court Restricts ADA by Roger Smith The U.S. Supreme Court overruled an Eleventh Circuit Court of Appeals decision allowing disabled persons to sue State employers for money damages in federal court under Title I of the Americans With Disabilities Act (ADA). 42 U.S.C. § 12112. The 54 majority held …
Article • June 15, 2001 • from PLN June, 2001
Louisiana Prison Activist Freed by On February 8, 2001, Robert King Wilkerson, one of the prisoners known as the Angola 3, was released from the Louisiana State Penitentiary in Angola, Louisiana after spending twenty-nine years in solitary confinement for a crime he did not commit. Wilkerson, 57, was convicted of …
Article • June 15, 2001 • from PLN June, 2001
Arbitrary Denial of Michigan Appeal Bond Enjoined by A federal District Court in Michigan has enjoined prison officials from incarcerating Joseph Puertas for drug convictions. Puertas obtained the preliminary injunction in a habeas corpus action under 28 U.S.C. § 2241 after state courts arbitrarily denied his request to remain free …
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Costs
Costs Allowed Only by Court Order by Costs Allowed Only By Court Order The Second Circuit Court of Appeals granted a pro se prisoner's Motion to Disallow Costs, holding that even under the Prison Litigation Reform Act, (PLRA), the assessment of costs remains within the discretion of the court and …
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