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Detainee Awarded $64,000 in Guard Attack by A federal district court in Iowa denied jail guards' motion for a new trial on a detainee's jury verdict awarding $64,000 in an excessive force suit. Jeffrey Schultz was arrested and booked into the Woodbury county jail. During the booking Schultz was shackled, …
Article • September 15, 1997 • from PLN September, 1997
Pepper Spray too Dangerous for DOC Training? by In September of 1996, Paul M. Sullivan, health compliance officer for the North Carolina Department of Labor sent a letter to Mr. Franklin Freeman of the North Carolina Department of Correction (DOC). An alert reader obtained a copy of this letter and …
Article • September 15, 1997 • from PLN September, 1997
New Jersey Prisoners Have Liberty Interest in Parole by A federal district court in New Jersey held that New Jersey parole statute N.J.S.A. § 30:4-123-53(a) creates a due process liberty interest in parole release. Hubert Watson filed suit under 42 U.S.C. § 1983 claiming his due process rights were violated …
Farmer Loses at Jury Trial by In the July, 1994, issue of PLN we reported Farmer v. Brennan, 114 S.Ct. 1970 (1994), where the supreme court held that prisoners have an eighth amendment right to be protected by prison officials from rape or attack by other prisoners. Farmer proceeded to …
Article • September 15, 1997 • from PLN September, 1997
Fact Finding of Segregation Conditions Required in Disciplinary Suit by In two separate cases the court of appeals for the eighth circuit held that lower courts had improperly dismissed suits filed by Missouri state prisoners who had claimed they were denied due process when they were placed in segregation. Roman …
Article • September 15, 1997 • from PLN September, 1997
Attorney Fee Award in Nominal Damage Case Affirmed by The court of appeals for the eighth circuit affirmed an award of $6,005.40 in attorney fees and costs to a prisoner who was awarded one dollar in nominal damages after a jury trial. Ali Muhammad, an Arkansas state prisoner, filed suit …
Disciplinary Segregation Can Create Liberty Interest by In two separate rulings, the court of appeals for the second circuit held that in Sandin v. Connor, 115 S.Ct. 2293 (1993) [PLN, Aug. 1995] the supreme court did not create a blanket rule that disciplinary segregation alone, without the loss of good …
Article • September 15, 1997 • from PLN September, 1997
PLRA Applies to Juveniles, Retroactive on Attorney Fees by The court of appeals for the fourth circuit held that the Prison Litigation Reform Act (PLRA) applies to lawsuits brought by juvenile detainees and its cap on attorney fees ($112.50 an hour) applies to work performed before the PLRA's April 26, …
Sandin Analyzed for New York Prisoners by A federal district court in New York held that a trial was required to determine if a prisoner's due process rights were violated at a disciplinary hearing. The significance of this case lies not so much with the court's ruling as with its …
Article • September 15, 1997 • from PLN September, 1997
Gun Law Threatens Police, Military, Prisons by In September, 1996, an acrimonious 104th Congress, faced with government "shut-down," passed the Omnibus Consolidated Appropriations Act of 1997. The budget battle garnered so much attention that little notice was given to a "rider" attached to the bill that poses a threat to …
Article • September 15, 1997 • from PLN September, 1997
Nebraska Women's Court Access Case Reversed by In the August, 1996, issue of PLN we reported Klinger v. Nebraska DOC, 909 F. Supp. 1329 (D NE 1995) which held that women prisoners in Nebraska were denied their right of access to the courts when the prison law library consisted only …
Article • September 15, 1997 • from PLN September, 1997
Filed under: Court Access, Judiciary
Vacant Judgeships Cripple Federal Judiciary by Dan Pens The administration of federal justice is being slowly strangled by politics. A political face-off between a republican-dominated U.S. senate judiciary committee and a spineless democratic president is choking the federal courts. There are 98 unfilled judgeships in federal courts nationwide out of …
Article • September 15, 1997 • from PLN September, 1997
Sixth Circuit Explains PLRA Again by In the June, 1997, issue of PLN we reported In Re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997) where the chief judge of the sixth circuit issued an administrative order to guide judges in that circuit on how to implement the …
Article • September 15, 1997 • from PLN September, 1997
Alabama Phone System Upheld by The court of appeals for the eleventh circuit held that a lower court had erred in finding that a telephone calling list of ten people violated prisoners' first amendment rights. Freddie Pope, an Alabama state prisoner, filed suit challenging a prison policy limiting to ten …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
Second Circuit Affirms IFP Provisions by The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already …
Indiana ADA Verdict Affirmed by In the March, 1996, issue of PLN we reported Love v. Westville Correctional Center, 896 F. Supp. 808 (ND IN 1995) where the court granted the plaintiff a new trial on his Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, claim. After a new …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Forbids Dismissal of Suits Without Paid Fees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not require dismissal of a prisoner's civil rights suit because he had not yet paid the fees arising from a prior lawsuit. Gary Walp, …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Iowa Grievance Retaliation Suit Set for Trial by A federal district court in Iowa held that an Iowa DOC practice of punishing prisoners who filed grievances may violate the first amendment. The court also held that a higher standard of proof than the "some evidence" standard, was required before prisoners …
Article • September 15, 1997 • from PLN September, 1997
BOP Mutiny Convictions Affirmed by The court of appeals for the seventh circuit affirmed the convictions of three federal prisoners convicted of mutiny in a federal prison pursuant to 18 U.S.C. § 1792. The convictions stem from the October, 1995, BOP uprisings after congress refused to ratify changes to the …
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