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Article • August 15, 2001 • from PLN August, 2001
Filed under: Medical, Kidney, Transplants
BOP Changes Organ Transplant Policy by Robert Durkee The Federal Bureau of Prisons announced in early 2001, that it had decided to pay for organ transplants in some circumstances modifying its longstanding position of refusing to provide organ transplants for prisoners. Officials made the decision because, for disorders such as …
Article • August 15, 2001 • from PLN August, 2001
Pelican Bay Policy Banning Internet-Generated Mail Upheld by The California Court of Appeal held that a policy adopted only at Pelican Bay State Prison (PBSP) preventing prisoners from receiving through the US Mail any material that had been downloaded from the Internet was facially valid and reasonably related to legitimate …
Trial Required in Pennsylvania Failure to Protect Suit by A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity. State prisoner Richard Pearson was stabbed six times by several …
305 Days in New York SHU Is Atypical by 305 Days in New York SHU is Atypical. The Court of Appeals for the Second Circuit held that 305 days in segregation is an "atypical and significant hardship" within the meaning of Sandin v. Conner , 515 U.S. 472, 115 S.Ct. …
Article • August 15, 2001 • from PLN August, 2001
Notes From the Unrepenitentiary: Whose Security? by Marilyn Buck Notes From The Unrepenitentiary: Whose Security? by Marilyn Buck Two children, both with mothers imprisoned at FCI Dublin, died within a two-week period. Both children were adolescent boys, aged 13 and 9, repectively. One of the children ran away from his …
New York Guards Watch as Prisoner Kills Cellmate by by Jennifer Gonnerman In the summer of 1999, New York's prison officials opened a sleek new penitentiary on the outskirts of Malone, a tiny town 15 miles south of the Canadian border. By then, New York already had 69 prisons, but …
Article • August 15, 2001 • from PLN August, 2001
From the Editor by by Paul Wright We have recently added several new books to the list of titles PLN is distributing. In coming months we will add more titles to our book list. As PLN 's office situation stabilizes our staff has more time to do things like track …
Article • August 15, 2001 • from PLN August, 2001
Executive Director Note by This is the seventh issue of PLN printed since I became Executive Director. It has been a real challenge getting PLN back on track. To ensure another Fred fiasco does not happen again we have instituted several procedures and safeguards. These measures include: compartmentizing operations, two …
$1.1 Million Awarded in Texas Restraint Chair Settlement by Ronald Young Nueces County, Texas, settled a $1.1 million lawsuit filed by the father of Andrew Sokolinski, a prisoner who died while strapped into a restraint chair at the Nueces County Jail. The county settled the lawsuit midway through an August …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
Trial Required in Oregon Law Clerk Retaliation Suit by A federal district court in Oregon denied, in part, prison officials' motion for summary judgment on a claim of retaliatory removal from a prison job. The court also rejected prison officials' defense of qualified immunity. State prisoner Darrick Hunter was removed …
Preliminary Injunction Granted in TB Hold Case by A federal district court in New York granted a Rastafarian prisoner's motion for a preliminary injunction in an action challenging a prison policy compelling his placement into restrictive confinement for one year for refusal on religious grounds to submit to a tuberculosis …
$250,000 Award to Beaten Texas Prisoner Upheld by A $250,000 jury award to a beaten Texas prisoner and a courtordered award of $95,000 in attorney's fees were upheld on appeal to the Fifth Circuit who found that the amount of damages was reasonable and the trial court did not abuse …
Summary Judgment for Private Physician Reversed by The Ninth Circuit Court of Appeals reversed a district court's grant of summary judgment to a private physician under contract with the county, holding that contract services provided to the county constituted state action. The court also held that qualified immunity was categorically …
Article • July 15, 2001 • from PLN July, 2001
Filed under: News, News in Brief
News in Brief by Alaska: On May 4, 2001, Anchorage superior court judge Elaine Andrews terminated the 20-year-old Cleary conditions case. Andrews ruled that the overcrowding and related problems that were at the root of the class action lawsuit have been resolved. Andrews said she would file an opinion addressing …
Article • July 15, 2001 • from PLN July, 2001
The Strangest of Bedfellows by Noel Brinkerhoff In 1988, a Chino prison guard was killed when a juvenile prisoner he was escorting to a Los Angeles hospital for medical treatment tried to escape. Like other prison guards killed in the line of duty, the veteran officer left behind a grieving …
Article • July 15, 2001 • from PLN July, 2001
From the Editor by Paul Wright With this issue of PLN we are back on our normal publishing schedule. Readers should be receiving their copy of PLN around the first of the issue month. A reminder to our prisoner readers, if prison officials censor your PLN subscription please let us …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000 by Wyoming Prison Officials Settle Poisoning And Medical Suits for over $200,000 In August 2000, Wyoming officials agreed to settle two consolidated cases for $200,000 in damages, costs, and attorney fees. The cases were filed in a Wyoming federal …
Pelican Bay Guard's Conviction Upheld by Willie Wisely by W. Wisely Jose Garcia was a guard at California's Pelican Bay prison. With his supervisor, Mike Powers, Garcia plotted with prisoner shotcallers to have convicted child molesters, sex offenders, and informants stabbed or beaten. The conspiracy ran from January 1994 to …
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