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Article • May 15, 2000 • from PLN May, 2000
California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E Dannenberg California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a California life prisoner's rescission of his …
Article • May 15, 2000 • from PLN May, 2000
Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E Dannenberg Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E. Dannenberg The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established …
Article • May 15, 2000 • from PLN May, 2000
New York Prisoner's Assault Claim Headed for Trial by New York's Court of Appeals, its highest court, has held prisoner Francisco Sanchez's state tort lawsuit alleging negligent supervision against the state of New York raises an issue of whether an assault on Sanchez was foreseeable. The Court of Claims granted …
Article • May 15, 2000 • from PLN May, 2000
BOP Electric Musical Instrument Ban Upheld by DC Circuit by John E Dannenberg BOP Electric Musical Instrument Ban Upheld by DC Circuit by John E. Dannenberg The US Court of Appeals for the DC Circuit upheld the BOP ban on electric musical instruments in federal prisons, rejecting prisoner arguments that …
Wyoming Prisoners Win Summary Judgment for Increased Security by John E Dannenberg by John E. Dannenberg The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Circumstantial Evidence Sufficient to Defeat Summary Judgment by The Second Circuit Court of Appeals held circumstantial evidence in a retaliation claim is sufficient to defeat summary judgment in prison officials' favor. While confined at New York's Bare Hill Correctional Facility, prisoner Gregory Gayle filed a grievance stating he heard prison …
Article • May 15, 2000 • from PLN May, 2000
Chief Medical Officer Liable On Medical Policy Decisions by John E Dannenberg Chief Medical Officer Liable On Medical Policy Decisions by John E. Dannenberg The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife …
Article • May 15, 2000 • from PLN May, 2000
Ninth Circuit Holds Exhaustion of Remedies Mandatory Before Filing Suit by The U.S. Ninth Circuit Court of Ap-peals joined eight other U.S. Courts of Appeals in holding that the Prison Litigation Reform Act (PLRA) mandates, under 42 U.S.C. § 1997e(a), that administrative remedies must be exhausted prior to a prisoner …
Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E Dannenberg Retaliation Claim Satisfied by Existence of Major Misconduct Citation by John E. Dannenberg The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment …
Kentucky Jury Awards $2,641 to Estate of Murdered Prisoner by In the January, 2003, issue of PLN we reported Flint Ex Rel Flint v. Kentucky Department of Corrections, 270 F.3d 340 (6th Cir. 2001) where the court held that Kentucky prison officials and employees of Correctional Industries were not entitled …
Article • May 15, 2000 • from PLN May, 2000
Exposure to Second-Hand Smoke States Eighth Amendment Claim by The U.S. Court of Appeals for the Sec-ond Circuit reversed and remanded a district court's dismissal of a New York prisoner's lawsuit which complained of second-hand tobacco smoke. Samuel Davis, a non-smoker, had been a prisoner at New York's Attica Correctional …
No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E Dannenberg No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit by John E. Dannenberg The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment …
Article • May 15, 2000 • from PLN May, 2000
Filed under: PLRA, Filing Fees (PLRA)
Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee by Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee The Eleventh Circuit Court of Appeals has held a district court must inquire into why a prisoner failed to pay an initial partial filing fee as ordered …
Article • April 15, 2000 • from PLN April, 2000
Filed under: Sentencing, Parole
California's No Parole Board by Marvin Mentor With no change in the statutory standards for lifer parole hearings, the CA Board of Prison Terms (BPT) has reduced its rate of parole grants from 50% in 1978 to 0.2% in 1998. In April, 1999, newly elected Governor Davis (who has the …
Guards Fired in Massachusetts Sex Abuse Cases by Four guards were fired from the Suffolk County House of Correction in Boston in August and October 1999 on charges that they had sexual contact with female prisoners. One of the prisoners became pregnant in what was described by the Boston Globe …
Article • April 15, 2000 • from PLN April, 2000
Texas Prison Rocked by Guard Killing, Riot by A guard at the McConnell Unit prison in Beeville, Texas, was fatally stabbed a week before Christmas, 1999. Three days later 80 convicts escaped from their ad-seg cells and took control of the unit for three and a half hours before riot …
Article • April 15, 2000 • from PLN April, 2000
Two Die during Latest Angola Escape Attempt by Two Die During Latest Angola Escape Attempt by Dan Pens A guard and a prisoner were killed December 28, 1999 at Louisiana's maximum security penitentiary at Angola during a bungled escape attempt that ended after a two hour hostage standoff. The guard, …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
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