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Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Article • August 15, 2009 • from PLN August, 2009
Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals has reversed a district court’s order granting summary judgment to prison officials in a prisoner’s environmental tobacco smoke (ETS) lawsuit. Getzell Johnson Murrell, Sr., a federal prisoner incarcerated in Beaumont, …
Federal Prison Guards’ Convictions Affirmed in Sex Scandal by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has upheld the convictions of two guards convicted in a sex-for-contraband scheme at the Women’s Federal Correctional Institute in Tallahassee, Florida. PLN previously reported the arrests and indictments in …
Article • August 15, 2009 • from PLN August, 2009
First Circuit Upholds BOP’s Discretion to Limit Halfway House Placement by The U.S. Court of Appeals for the First Circuit upheld the authority of the federal Bureau of Prisons (BOP) to limit halfway house placements. In 2005, the BOP promulgated formal rules categorically limiting halfway house placement to the last …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Mental Health, Suicides
$150,000 Settlement In Missouri Jail Suicide Suit by On May 21, 2008, the Sheriff of Adair County, Missouri agreed to settle a wrongful death suit brought by the family of a prisoner who committed suicide while at the Adair County Detention Center (ACDC). The settlement requires the county to pay …
Article • August 15, 2009 • from PLN August, 2009
Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA by The Fourth Circuit Court of Appeals upheld the constitutionality of excluding prisoners from the right to obtain public records under Virginia’s Freedom of Information Act (FOIA), Va. Code Ann. §§ 2.2-3700 to 3704 (2005). Joseph M. Giarratano, a Virginia state prisoner, …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Article • August 15, 2009 • from PLN August, 2009
Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95 by Gary Hunter Prisoners helping prisoners with legal issues would not seem strange to most people. But the idea of prisoners protecting the U.S. constitution is a notion not …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Excessive Force, Restraints
$2.1 Million Award in California Prisoner’s Choking Death by A California federal jury has awarded the estate of a prisoner who was choked to death by prison guards $2.1 million. Prisoner Johnny Young, who was mentally ill, died on December 30, 2004, while being restrained by guards at the Richard …
Article • August 15, 2009 • from PLN August, 2009
$10,000 Settlement for Bunk Bed Railing Hitting Prisoner by Washington State’s King County Jail has paid $10,000 to settle a claim for physical injury caused by defective bunk bedding. The bed was not defective until a guard kicked it. During count at the Jail on October 4, 2006, at around …
Article • August 15, 2009 • from PLN August, 2009
Poaching Boast Lands Oregon Prison Guard in Hot Water; Pulls State Trooper Father Down with Him by Mark Wilson Pendleton, Oregon boys pride themselves on their hunting abilities. Deep in the heart of Oregon’s high desert, hunting is an age-old rite of passage and a way of life. Guards at …
Article • August 15, 2009 • from PLN August, 2009
Utah Evaluates Drug Program Pilot; Recommends Further Evaluation by David Reutter by David M. Reutter A report by Utah’s legislative Auditor General into the performance of the Drug Offender Reform Act (DORA) says that more time is needed to evaluate the program, and it makes several recommendations to assist in …
Article • August 15, 2009 • from PLN August, 2009
$100,000 Settlement in Illegal Imprisonment Caused by Massachusetts’ Failure to Implement Court Order by David Reutter by David M. Reutter A former Massachusetts prisoner has received $100,000 to settle a claim of wrongful and illegal confinement. PLN previously reported on this incident, which stems from the failure of the Massachusetts …
Vermont Supreme Court: “Nutraloaf” Diet Is Punishment that Requires Hearing by On March 13, 2009, the Vermont Supreme Court held that placing a prisoner on a “Nutraloaf” and water diet constitutes punishment that requires a hearing before the punitive diet is imposed. William Borden, Richard Pahl and Brian Pelletier, Vermont …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Sentencing, Parole
Ohio Parole Authority Ordered to Grant Hearings that Provide Meaningful Parole Consideration by David Reutter by David M. Reutter The Court of Common Pleas in Franklin County, Ohio has entered summary judgment finding the Ohio Adult Parole Authority (APA) denies “meaningful parole consideration when they assign an inmate to a …
Article • August 15, 2009 • from PLN August, 2009
Vendor Crushed by Seattle Jail Door Receives $43,525 for Injuries by Washington State’s King County Jail in Seattle has paid $43,525 to settle a claim brought by a man delivering frozen food to the Jail. While making his delivery on November 7, 2002, David Huntington was crushed by a heavy …
Article • August 15, 2009 • from PLN August, 2009
$250,000 Award in Mississippi False Imprisonment Suit by Last January, a Mississippi federal jury awarded a former prisoner $250,000 for being falsely incarcerated by the Mississippi Department of Corrections (MDOC). The facts of the case exhibit an unbelievable abuse of power by MDOC officials. After pleading guilty to burglary of …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
Article • August 15, 2009 • from PLN August, 2009
From the Editor by Paul Wright The cover story and a number of other articles in this issue of PLN focus on misconduct by judges. As this article goes to press the anointment hearings of Judge Sonia Sotomayor to the US Supreme Court are taking place in the US senate. …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
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