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Article • February 15, 2008 • from PLN February, 2008
Federal Suit Over Wisconsin Suicide Attempt Settles for Millions by Michael Rigby On February 22, 2007, a lawsuit against employees of the Monroe County Jail in Wisconsin settled for between $6,100,000 and $13,100,000. The suit alleged deliberate indifference in a suicide attempt that left a prisoner permanently disabled In 2002, …
Article • February 15, 2008 • from PLN February, 2008
Lawsuit Exposes Jail Limbo for Mentally Incompetent Defendants in Texas by Matthew Clarke by Matt Clarke According to a lawsuit filed by a non-profit group, Texas is facing a shortage of mental hospital beds that leaves hundreds of mentally-incompetent criminal defendants stranded in jails awaiting treatment. Texas has a total …
First Circuit Upholds Ex-Boston Guard’s 46-Month Prisoner-Abuse Sentence by Matthew Clarke First Circuit Upholds Ex-Boston Guard's 46-Month Prisoner-Abuse Sentence by Matthew T. Clarke The First Circuit Court of Appeals has upheld a 46-month prison sentence imposed on a former guard at the Nassau Street Jail in Boston, Massachusetts for beating …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Article • January 15, 2008
Native American Legally Civilly Committed by The Seventh Circuit Court of Appeals has upheld a ruling by the Wisconsin Supreme Court that allows a Native American to be involuntarily committed as a sexually violent person. The Seventh Circuit's ruling relies substantially on the Anti-Terrorism and Effective Death Penalty Act (AEDPA) …
Article • January 15, 2008
WI Sex Offender Wrongly Forced to Consent to Videotaping of Treatment Sessions by Dennis Thiel, a Wisconsin state prisoner, was committed as a sexually violent person to the state Department of Health and Family services (DHFS). He sued DHFS personnel in state court for withholding treatment from him because he …
New Jersey District Court: Reargument Granted in PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner?s contention that the failure of Prison Health Services (PHS) to monitor her lithium levels fell under the common knowledge exception …
Article • January 15, 2008
Sexual History May Trump Test Results Leading to SVP Classification Despite Castration by California prisoner and sexually violent predator (SVP) Edward Flores appealed a 2005 jury decision to retain him in the state hospital as a civilly-committed sex offender. He claimed that his voluntary castration should render the use of …
Wrongful Death Suit Against LA County Jail Settles For $750,000 by The surviving family of an untreated and mistreated mentally unstable diabetic prisoner who died at the Los Angeles, California (LA) County Jail settled their wrongful death lawsuit against the county and LA Sheriff?s officials for $750,000 in May 2007. …
Pennsylvania County Jail System Overcrowded, Under-Regulated by David Reutter by David M. Reutter Almost everyone with experience on the incarceration side of America's criminal justice system will tell you they would rather do time in prison than in a jail. The primary reason is that the overall conditions of confinement …
Article • December 15, 2007
NV Prisoner's Right-to-Private-Mental-Health-Consultation Suit to go to Trial by Mark Miller, a Nevada state prisoner, received mental health consultations through his cell door. He filed grievances requesting private consultations, to no avail. He then filed suit in federal district court claiming that the denial of private mental health consultations violated …
Article • December 15, 2007
Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman by Chairman of the New York Commission of Correction Alan Croce motioned to compel document production concerning a prisoner's death and treatment. County Department of Health Service Medical Director Jeanne Alicandro, M.D., had denied the request. The court ordered …
Dallas, Texas, Jail Pays $950,000 for Neglecting Mentally Ill Prisoners by Michael Rigby On February 20, 2007, the Dallas County, Texas, Jail agreed to pay $950,000 for its negligent mistreatment of three mentally ill individuals, one of whom died, while imprisoned at the jail awaiting competency hearings. In 2004, James …
Article • December 15, 2007 • from PLN December, 2007
Texas GEO Prison Squalor Drives Idaho Prisoner to Suicide by Matthew Clarke by Matt Clarke Seven months after arriving at the Dickens County Correctional Center (DCCC), a private prison in Spur, Texas operated by the GEO Group, Idaho state prisoner Scot Noble Payne, 43, was dead by his own hand. …
Article • December 15, 2007
Head Games by Alan Prendergast At least one out of every five Colorado prisoners is mentally ill -- some violent, some undetected or untreated. How did the Big House become the Bug House? By Alan Prendergast Talk all you want about bad men and madmen. The truly scary ones are …
Article • December 15, 2007
Filed under: Mental Health
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
Article • December 15, 2007
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
Article • December 15, 2007
Filed under: Mental Health, Suicides
Attempted Hanging Suit Settled for $1.5 Million by California Jail by A California prisoner was paid $1.5 million to settle a suit for injuries incurred when he attempted to hang himself. Mr. Davey was a 21-year-old prisoner when he attempted to hang himself with a bed sheet in a California …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Eighth Circuit Reverses Dismissal of Forced Religion Claim by The Eighth Circuit Court of Appeals reversed the dismissal of a prisoner?s Establishment Clause Claim as frivolous. In June 2000, Arkansas prisoner James Munson was granted parole, contingent upon completion of a year long sex offender treatment program called Reduction of …
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