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Article • June 15, 2000 • from PLN June, 2000
New York Prisoner Wins $50,000 In Failure To Treat Mental Illness Suit by by Matthew T. Clarke A federal district court in New York has held that officials of the New York Department of Correctional Services (DOCS) subjected a prisoner to cruel and unusual punishment through their deficient treatment of …
Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit by Ronald Young By Ronald Young The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a …
Retaliation Claim Requires Trial by The court of appeals for the Eighth circuit held that a trial was required to determine if a prisoner was retaliated against for exercising his right to religious freedom. The court also held that prisoners have no right to encourage other prisoners to file grievances …
Article • June 15, 2000 • from PLN June, 2000
$15,000 Awarded to Ohio Prisoner Beaten by Guards by On July 2, 1999, a federal jury in Columbus, Ohio, awarded Ohio prisoner James Morrison 115,000 in damages. Morrison filed suit claiming he was taken to a secluded area of a prison (unnamed in reports), where he was beaten and kicked …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
Illinois Jail Guards Charged with Smuggling Gun by Illinois Jail Guards Charged With Smuggling Gun Two former Kankakee (Illinois) County Jail guards and a civilian face multiple felony counts in connection with a dramatic December 22, 1999 jailbreak. Newly-hired guards Melody Burdunice and Michael Cutler allegedly smuggled cellular telephone batteries …
Article • June 15, 2000 • from PLN June, 2000
Colorado Prison Population Exploding by Bob Williams Last summer the Executive Director of the Colorado Department of Corrections, John Suthers, announced to the Colorado Legislature that Colorado's male prison population is growing at its fastest rate ever. In fact, at an average of 1.3% per month in the second quarter …
Article • June 15, 2000 • from PLN June, 2000
Four Texas Guards Nabbed in Bribery Sting by Four Texas state prison guards face felony bribery charges after agreeing to launder supposed drug money for prisoners, authorities told The Associated Press. The four were arrested January 24, 2000 after walking into an undercover sting orchestrated by the Texas Department of …
New York Jail Guards Charged with Raping Prisoners by New York Jail Guards Charged With Raping Prisoners On January 26, 2000, Westchester county, New York, jail guards Carlos Aldarondo, 33, Javier Corona, 31, Michael Downey, 39 and Robert Escalera, 39, were charged in Westchester county court with assorted felony charges …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
Article • June 15, 2000 • from PLN June, 2000
Washington Restitution Orders Are Invalid After 10 Years by The Washington state Supreme Court, sitting En Banc, held that the 10 year life of restitution orders begins to run upon release from confinement and is not tolled by any subsequent imprisonment on unrelated charges. In 1986, Brandt Sappenfield was convicted …
Exhaustion Not Required for Claims of Assault by A federal district court held that the Prison Litigation Reform Act's (PLRA) exhaustion requirement does not apply to assault claims. It also held that a cause of action under the Violence Against Women Act, (VAWA), is analogous to a cause of action …
Article • June 15, 2000 • from PLN June, 2000
Oregon Execution Viewing Rules Invalidated by The Oregon Supreme Court invalidated several administrative rules of the Oregon Department of Corrections, (ODOC), regarding the witnessing of executions. The Court held that the challenged rules exceeded the ODOC's rulemaking authority. The Oregon Newspaper Publishers Association and several other members of the media …
Article • June 15, 2000 • from PLN June, 2000
Prison Psychologist Pleads Guilty to Aiding Escape by Elizabeth Feil, 43, a former psychologist at the Patuxent Institution in Baltimore, MD has pled guilty to accessory to escape for her role in helping her lover, Byron Smoot, 29, escape from a medium security prison in Jessup, Maryland. Smoot had been …
Article • June 15, 2000 • from PLN June, 2000
Filed under: Sentencing, Parole
U.S. Parole Commission Bound by Own Rules by The court of appeals for the Third circuit held that the U.S. Parole Commission (USPC) was bound by its own rules and erred in calculating a prisoner's parole eligibility date. Former CIA agent Edwin Wilson was convicted in 1982 of transporting firearms …
Article • May 15, 2000 • from PLN May, 2000
Filed under: News, News in Brief
News in Brief by CA: Dept. of Corrections sergeant Richard Selio murdered his estranged wife on Sept. 26, 1999, then shot and killed himself after a SWAT team stormed his house following an eight hour standoff. Selio was a transport officer at the California Institute for Men. His wife, Teresa, …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
Article • May 15, 2000 • from PLN May, 2000
Texas Prison Dentist Settles Dentures Suit for $3,150 by Jon Michael Withrow In April, 2003, a state prison dentist settled for $3,150 a 42 U.S.C. § 1983 suit brought by a prisoner in the federal district court for the Eastern District of Texas, alleging that the dentist refused to provide …
DOJ Investigates CMS Health Care at Missouri Prison by Michael Rigby DOJ Investigates CMS Health Care At Missouri Prison by Michael Rigby Allegations of improper medical treat-ment, lack of medical treatment, and several suspicious deaths at the Women's Eastern Reception, Diagnostic and Correctional Center, a state women's prison in Vandalia, …
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