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Article • April 15, 2000 • from PLN April, 2000
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
South Carolina Prisoner Wins Excessive Use of Force Suit Pro Se by South Carolina Prisoner Wins Excessive Use Of Force Suit Pro Se By Matthew T. Clarke In an unpublished opinion, the Fourth Circuit court of appeals has held that a South Carolina federal district court improperly failed to consider …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
Qualified Immunity Granted for Pre-1996 ADA Violation by The court of appeals for the Sixth Circuit held that it was not clearly established before 1996 that the Americans with Disabilities Act, (ADA), and Rehabilitation Act of 1973, (Rehabilitation Act), apply to state prisoners. As such, the court concluded that prison …
Article • April 15, 2000 • from PLN April, 2000
Notes from the Unrepenitentiary by Marilyn Buck Thinking About Dying and Living at the End of the 2nd Western World Millennium by Marilyn Buck Because I'm a Federal prisoner in California, I hear more about what goes on in California state prisons than in other states. Fortunately there exists a …
$4.1 Million Award In Suit Over Sexual Assault of Prisoners by Official by $4.1 Million Award In Suit Over Sexual Assault of Prisoners By Official by Matthew T. Clarke A federal district court in Texas has awarded two female prisoners who were the victims of sexual assault by a prison …
Article • April 15, 2000 • from PLN April, 2000
No Immunity for Media Defendants in Ridealong Suit by In the October, 1999, issue of PLN we reported Hanlon v. Berger, 119 S.Ct. 1706 (1999) where the court held that it violates the Fourth Amendment to the U.S. constitution for police to bring media reporters and photographers with them when …
Article • April 15, 2000 • from PLN April, 2000
Error in Electronic Docket Tolls Appeal Deadline by The court of appeals for the Eleventh circuit held that a lawyer's reliance on a district court's electronic docketing system to monitor a case's progress would toll the 30 day time limit in which to file a notice of appeal. As state …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
Article • April 15, 2000 • from PLN April, 2000
Class Action Prisoners Must Show Actual Injury to Maintain Access to Courts Relief by by Matthew T. Clarke The Sixth Circuit has held that prisoner plaintiffs in a class action access to courts lawsuit must show widespread actual injury to maintain an injunction previously ordered by the federal district court. …
Article • April 15, 2000 • from PLN April, 2000
$105,000 Awarded in Michigan Wrongful Imprisonment Suit by On April 14, 1999, a Wayne county jury in Michigan awarded Willie Thomas Jr., Larry Reid and Edward Grant $35,000 in damages each. The three men had been Michigan state prisoners who were released after serving their entire sentences. Several months later, …
Article • April 15, 2000 • from PLN April, 2000
Long Term Segregation of Security Threat Group Okay by The U.S. Court of Appeals for the Fourth Circuit held that the long-term segregation of a purported religious sect as a Security Threat Group (STG) violates neither the Free Exercise nor the Equal Protection Clause of the U.S. Constitution. It further …
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies by In two separate rulings, the Seventh Circuit Court of Appeals has held that prisoners must exhaust administrative remedies before filing suit, regardless of the relief sought and no matter how ineffectual the prison grievance system may be. Eduardo Perez, a Wisconsin …
California PIA Chief, Folsom Mayor, Arrested by On January 27, 2000, Reggie "party meister" Drew, 57, was arrested in a room at the B-7-B Motel in a seedy industrial area of North Sacramento. Drew was charged with five felony and misdemeanor counts for soliciting an undercover policewoman for unspecified sex …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
$1.5 Million Settlement in CA Jail Suicide Attempt by On June 6, 1996, a California man was arrested on charges of drunk driving after being involved in a traffic accident. He was unable to make bail and was confined in the Los Angeles county jail to await trial. While in …
Article • March 15, 2000 • from PLN March, 2000
From the Editor by Paul Wright Thanks to the response our fundraiser has achieved, PLN was recently able to hire a second staff person, Linda, to help with our essential office tasks. Right now the main thing she has been doing is helping Fred, our office manager, get caught up …
Article • March 15, 2000 • from PLN March, 2000
Filed under: Civil Procedure, Appeals
Pro Se Tips and Tactics by John Midgley In my last column, I discussed when you can appeal from a trial court ruling against you and how to appeal if you decide to. I left for this second column on appeals the large question: Should I appeal? In other words, …
Hearing Required Prior to Automatic Termination Under PLRA by The Eleventh Circuit has held that a federal district court must hold a hearing on the current conditions at the prison and the scope of the prospective relief to be terminated before terminating prospective relief in a prison conditions lawsuit under …
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