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Article • June 15, 2001 • from PLN June, 2001
Second Circuit Holds Staged Perp Walks Unconstitutional, Grants Qualified Immunity by The court of appeals for the Second Circuit has held that staged "perp walks" are unconstitional violations of an arrestee's Fourth Amendment's rights. However, the Second Circuit also held that the law was not sufficiently established in September 1995 …
$9.6 Million Awarded for Child Death in Illinois Jail by On October 19, 2000 a Cook County jury in Chicago, Illinois awarded $9.6 million to the estate of Joyce Hughes, who died from injuries she sustained after she was born in a cell in the Cook County Jail near Chicago …
Article • June 15, 2001 • from PLN June, 2001
No Forfeiture Notice Violates Due Process by An en banc majority of the Third Circuit Court of Appeals held that due process is violated when notice of a pending administrative forfeiture proceeding is not sent directly to a pretrial detainee when the detainee's actual whereabouts can be determined. A panel …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Article • June 15, 2001 • from PLN June, 2001
Prisoner Defendants Entitled to Notice of Summary Judgment Requirements by The court of appeals for the Ninth circuit held that pro se prisoner litigants who are being sued are entitled to notice from the court on the requirements of summary judgment to ensure the prisoner adequately responds to the moving …
Guards Use Shotguns to Control Riot by Guards Use Shotguns To Control Riot Guards used shotguns loaded with rubber pellets to break up a riot at Wallens Ridge Prison in Virginia. On Sunday December 3rd, in a deliberate violation of prison procedure, prisoners returning from lunch left the sidewalk and …
Texas Prisoners Have Liberty Interest in Mandatory Supervision by The court of appeals for the Fifth Circuit has held that eligible Texas state prisoners have a liberty interest in release on mandatory supervision. Dobber Graham Malchi, a Texas state prisoner, filed a federal habeas corpus action challenging a prison disciplinary …
Article • June 15, 2001 • from PLN June, 2001
Unlawful Imprisonment Nets Ohio Man $25,000 by In late 2000 ex-Ohio state prisoner Ricky Carter, 44, agreed to accept a $25,000 award to compensate him for being incarcerated over 13 months past his release date. Carter, who was due to be released March 15, 1998, was instead illegally held until …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners Have Right to Appear at Civil Court Hearings by An appeals court in Texas has held that Texas prisoners have the right to appear-either in person, by affidavit, by depostition, by telephone, or by teleconferencingat court hearings in civil cases. Richard Owen Taylor, a Texas state prisoner, filed …
Washington Media Royalties Sentencing Condition Reversed by A Washington State Court of Appeals modified the sentence of childrapist Mary R. Letourneau by striking a requirement that inperson contact with her own children be supervised and lifting the prohibition on her profiting from any commercialization related to her crimes. In early …
Prison Doctor Wins $654,471 in Retaliation Suit by John E Dannenberg Prison Doctor Wins $654,471 In Retaliation Suit by John E. Dannenberg Dr. Terence Allen, prison physician at Halawa (Hawai'i) prison, was awarded $111,000 in damages plus $543,360 in attorney fees/costs against prison officials who retaliated against him for speaking …
Article • June 15, 2001 • from PLN June, 2001
Minnesota Prison Cited For Asbestos Infractions by A Minnesota prison received nine citations and was fined over $18,000 for violations involving cancercausing asbestos. The judgment levied against Faribault prison, in November 2000, by Minnesota Occupational Safety and Health Division, came as a result of disgruntled employees who say they have …
Article • June 15, 2001 • from PLN June, 2001
Texas Prisoners May Challenge Discretionary Mandatory Release Procedures by The Texas Court of Criminal Appeals has held that Texas prisoners have the right to use a state habeas corpus action under Article 11.07, Texas Code of Criminal Procedure, to challenge the procedures used to deny them mandatory release. David Lee …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by Paul Wright In a four-month period between September, 2000 and January, 2001, the Washington Department of Corrections (DOC) was hit with separate jury verdicts for $22.4 and $15 million and settled two additional cases …
Closing Washington's Window of Parole Liability by Paul Wright In addition to almost $50 million in settlements and verdicts assessed against the Washington DOC in recent months, the Washington DOC has paid an additional $20.6 million to settle 25 parole liability cases and pay one jury verdict since 1994. Apparently, …
Article • May 15, 2001 • from PLN May, 2001
From the Editor by Paul Wright Welcome to PLN's 132nd consecutive issue. May 2001, marks PLN's eleventh anniversary. In that time period PLN has grown from a 10 page, hand typed, photocopied newsletter to its current magazine format and size. As reported in last month's editorial, things at PLN have …
Article • May 15, 2001 • from PLN May, 2001
Private Prison Contractor Not Entitled to Immunity by A State court of appeals in West Virginia has held that a private contractor of youth incarceration services is not entitled to immunity under the Governmental Tort Claims and Insurance Reform Act (the Act), W.Va. Code §§ 2912A1 to 18. Tracy Galloway …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
Warden Fired over Riot at New Mexico CCA Prison by Warden Fired Over Riot at New Mexico CCA Prison Corrections Corporation of America officials fired the warden and chief of security at the Torrence County (New Mexico) Detention Facility just three weeks after a November 11, 2000 prisoner uprising involving …
Kentucky Phone Rate Ruling by A federal district court in Kentucky held that the filed rate doctrine barred any claims for money damages against Phone Company and county jail defendants. However, injunctive relief was still available. The court questioned the legality of an exclusive service provider contract. In the August, …
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