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CMS Fined Nearly $1 Million in Virginia by Dan Pens Correctional Medical Services (CMS) contracts with the Virginia Department of Corrections (VDOC) to provide medical care to some of its 30,000 prisoners. In a 13-month period starting in January 1999 the VDOC levied nearly $1 million in fines against CMS …
Fired Washington Parole Officer Wins $250,000 Settlement by Washington state parole officer Barbara A. Nelson was fired in 1998 after the state was hit for more than $6.4 million to pay off lawsuits alleging negligence for her failure to property supervise parolees. Three men whose cases Nelson handled killed three …
Medical Claims Against CMS to be Refiled in State Court by By Matthew T. Clarke A federal district court in Illinois has dismissed the breach of medical care duty suit of a suicide prisoner's estate against Correctional Medical Services of Illinois (CMS), but encouraged the refilling of the suit in …
Article • December 15, 2000 • from PLN December, 2000
Filed under: Sentencing, Parole
CA Court Overrules Parole Denial by John E Dannenberg By John E. Dannenberg The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT …
Article • December 15, 2000 • from PLN December, 2000
Controversy Surrounds Letourneau Tape by A Washington DOC investigator allegedly left his job at the state women's prison in Purdy with a souvenir: a tape recording of Mary K. Letourneau talking on the phone with her attorney. After starting a new job at the state Attorney General's office in 1998, …
Idaho Prisoners Can Sue for On-the-Job Injuries by The Idaho state Supreme Court held that prison officials were not entitled to summary judgment in an action brought by prisoners for injuries sustained during participation in a prison work program. Prisoners Mark Mead and Jeff Smith were injured in separate accidents …
Article • December 15, 2000 • from PLN December, 2000
DC Circuit Revives Hewitt v. Helms by by Matthew T. Clarke D. C. Circuit court of appeals has held that, when determining whether a prisoner's segregation involves a liberty interest, the conditions of the prisoner's segregation should be compared with the conditions prison officials exercising their discretionary authority routinely impose …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Article • December 15, 2000 • from PLN December, 2000
WA Civil Commitment Ruling Published by In the September, 2000 issue of PLN we reported on a ruling by Judge William Dwyer of Seattle who held the Washington Special Commitment Center in contempt for failing to provide treatment and transitional release housing for civilly committed "sexually violent predators." The court's …
Article • December 15, 2000 • from PLN December, 2000
Perpetuating Crime, Consolidating Power by Janet Stanton Perpetuating Crime, Consolidating Power: The Race & Class Logic of Mass Incarceration An Interview with Paul Wright by Janet Stanton Arthur Stamoulis's (Common Courage Press) audiotaped interview with Paul Wright offers the listener a concise overview of the most disturbing issue confronting our …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
Stun Gun Death in VA Prison by After being electrocuted repeatedly by a stun gun, Lawrence James Frazier was strapped to a bed where he lapsed into a coma and never recovered. During a struggle with guards, Frazier was electrocuted 3 times by an Ultron II stun device that delivers …
Article • December 15, 2000 • from PLN December, 2000
Error to Dismiss Suit for Inability to Pay Filing Fee by The court of appeals for the Fifth circuit held that it was an abuse of discretion for a district court to dismiss a prisoner's suit for failure to pay the initial assessed filing fee without first determining if the …
Article • December 15, 2000 • from PLN December, 2000
PLRA Physical Injury Rule Does Not Apply to Mail Claims by The court of appeals for the Seventh circuit held that prefiling screening under the Prison Litigation Reform Act (PLRA) applies to all prisoner lawsuits, regardless of their fee status and the PLRA's physical injury requirement does not apply to …
Alabama Officials Guilty in Phone Scam by A former Alabama state auditor, County commissioner and another man pleaded guilty in July 1999 to federal charges stemming from a prison pay phone scam operated in Alabama and Louisiana by Global Tel*Link, a Mobile-based company. Former state auditor Terry Ellis pleaded guilty …
Article • December 15, 2000 • from PLN December, 2000
Sandin Limits Property Interests by The court of appeals for the Tenth circuit held that Sandin v. Connor, 515 U.S. 472,115 S.Ct. 2293 (1995) applies to property interests asserted by prisoners, as well as liberty interests. In 1997 a guard at the Wyoming State Penitentiary (WSP) was killed by prisoners …
Article • December 15, 2000 • from PLN December, 2000
Pro Se Tips and Tactics by John Midgley By John Midgley Many prisoners have difficulties obtaining good medical care. Often prisoners assume that every failure on the part of the prison system to provide adequate medical care is a constitutional violation that can be remedied in federal court, but this …
Article • December 15, 2000 • from PLN December, 2000
Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits by A Texas state court of appeals has held that a prisoner's lawsuit may be dismissed as frivolous because the prisoner failed to list the operative facts of his previous lawsuits, identify the parties involved, and state whether the …
Article • November 15, 2000 • from PLN November, 2000
Filed under: News, News in Brief
News in Brief by News In Brief Australia: On August 28, 2000, 100 Afghan and Iraqi asylum seekers rioted at the Woomera detention center and set fire to four buildings. The detainees are seeking political asylum after arriving illegally in the country. News services did not report the causes of …
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