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Article • December 15, 2009
Post-Incarceration Name-Change Places Undue Burden on State by In a decision filed on June 16, 2009, a Wisconsin appeals court affirmed a circuit court's ruling to deny a prisoner's motion to amend his Judgment of Conviction to reflect his common law spiritual name. Jermaine Smith, a prisoner at the Green …
Article • December 15, 2009
Prisoner Wrongful Death Suicide claim Dismissed as Untimely by In a decision filed on June 9, 2009, the West Virginia Supreme Court affirmed a circuit court's dismissal of a wrongful death claim filed by the estate of a prisoner who allegedly killed himself at a local jail because the case …
Article • December 15, 2009
Request for "Information" is Not Subject to Washington Public Records Act by Request for "Information" is Not Subject to Washington Public Records Act In a published opinion filed June 22, 2009, a Washington appellate court affirmed a lower court's ruling regarding an alleged Public Records Act (PRA) request made by …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
Article • December 15, 2009
TDCJ Agrees to Pay $55,000 in Sexual Harassment Suit by On February 17, 2004, a settlement was reached in a sexual harassment case filed against the Texas Department of Criminal Justice (TDCJ). The complaint was filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 …
TDCJ Guards Denied Qualified Immunity in Failure to Protect Case by On April 14, 2004, the Texas Department of Criminal Justice (TDCJ) agreed to pay $84,000 to settle a lawsuit filed by Texas prisoner Eugene Cantu. The original complaint was filed July 3, 2000 pursuant to 42 U.S.C. § 1983 …
Brief • December 7, 2009
Schwarzenegger v. Plata, CA, Joint MTD, Prison Overcrowding and Medical Neglect, 2009 No. 09-416 IN THE GOVERNOR ARNOLD SCHWARZENEGGER, et. al., Appellants, v. MARCIANO PLATA AND RALPH COLEMAN, et. al., Appellees. Appeal from the United States District Courts For the Eastern District of California and The Northern District of California …
Garcia v. Los Angeles County Sheriff's Department, class action complaint, jail special education services, 2009 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 1 of 110 Page ID #:1 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 2 of 110 Page ID #:2 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 3 of …
Brief • November 23, 2009
Wisecarver v King County Wa Dismissal Order Kccf Mrsa Infections 2008 Case 2:08-cv-00787-RAJ Document 101 Filed 11/23/09 Page 1 of 3 Case 2:08-cv-00787-RAJ Document 101 Filed 11/23/09 Page 2 of 3 Case 2:08-cv-00787-RAJ Document 101 Filed 11/23/09 Page 3 of 3
Brief • November 16, 2009
Filed under: Tuberculosis
McCaster v. Ramsey County, MN, Complaint, Failure to Treat TB, 2009 CASE 0:09-cv-03196-RHK-AJB Document 1 Filed 11/16/09 Page 1 of 23 CASE 0:09-cv-03196-RHK-AJB Document 1 Filed 11/16/09 Page 2 of 23 CASE 0:09-cv-03196-RHK-AJB Document 1 Filed 11/16/09 Page 3 of 23 CASE 0:09-cv-03196-RHK-AJB Document 1 Filed 11/16/09 Page 4 of …
Article • November 15, 2009 • from PLN November, 2009
$1.55 Million Awarded in Female Colorado DOC Prisoner’s Rape by Guard by Mark Wilson On February 3, 2009, default judgment was entered in a lawsuit filed against a Colorado prison guard who had raped and sodomized a female prisoner. Afterwards, several other individual defendants and the Colorado Department of Corrections …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Searches, Strip Searches
Texas Jail Strip Search Policy Unconstitutional by Brandon Sample O n May 19, 2009, U.S. District Court Judge Walter S. Smith, Jr. denied a motion to dismiss filed by McLennan County, Texas in a suit challenging the constitutionality of the county jail’s policy of strip searching all pre-trial detainees. The …
Article • November 15, 2009 • from PLN November, 2009
Prison Radio Beams Love, Hope and News through the Bars by Matthew Clarke by Matt Clarke Radio broadcasts aimed at prisoners are an uncommon media phenomenon in the United States. For prisoners incarcerated far from home with limited language skills and resources it can represent the only lifeline to family …
Article • November 15, 2009 • from PLN November, 2009
$395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death by The Los Angeles County Sheriff’s Office paid $395,000 to settle a lawsuit claiming it provided inadequate medical treatment to a prisoner, causing his death. The claim was brought by the estate of Michael Buford. When Buford, 32, was arrested …
Article • November 15, 2009 • from PLN November, 2009
From the Editor by Paul Wright As the holidays approach people should consider subscriptions to Prison Legal News or some of the books we distribute as holiday gifts. Some titles, like PLN’s first book publishing project, the Prisoners Guerrilla Handbook to Correspondence Programs in the US and Canada offers the …
Pennsylvania County Prisons Mired in Conditions Litigation by David Reutter by David M. Reutter Whether or not a large number of lawsuits is indicative of management or operational problems at a prison or jail is a matter of debate that depends on one’s perspective – that is, which side of …
Article • November 15, 2009
Vengeance Meets Recidivism by Jimmie Franks By Jimmy Franks As vote-hungry politicians and vengeance-minded citizens continue to make it increasingly difficult for parolees to successfully reintegrate into society, prison recidivism remains a problem of epic proportions. Viewed objectively, the correlation between these two phenomena is readily apparent, although no one …
Article • November 15, 2009 • from PLN November, 2009
$1 Million Settlement in Washington DOC Staff Sexual Abuse Suit of Women Prisoners by On June 12, 2009, the Washington State Department of Corrections (DOC) entered into a settlement agreement in a class-action lawsuit over staff sexual abuse of female prisoners which included $22,500 in attorney fees for future enforcement …
Article • November 15, 2009 • from PLN November, 2009
Former PA Lawmaker Who Took Sex Offenders into His Home Files Suit Against Zoning Board by Thomas E. Armstrong, a former tough-on-crime Pennsylvania lawmaker who took three registered sex offenders into his home in Marietta Borough, filed a lawsuit last year challenging a decision by zoning officials to force the …
Article • November 15, 2009 • from PLN November, 2009
$170,000 in Settlements to Sacramento Jail Prisoner Sexually Abused by Guards by California’s Sacramento County has paid $160,000 to settle a claim that a guard raped a prisoner. The settlement is in addition to a $10,000 payment out of personal funds paid by another guard for kissing the prisoner. The …
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