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Article • May 15, 2008 • from PLN May, 2008
$100,000 Damage Award Vacated for Seven-Year Service Delay by The Ninth Circuit Court of Appeals vacated a $100,000 excessive force judgment, and ordered dismissal of the action due to a seven-year delay in service on the defendants. On August 9, 1995, Robert Efaw was confined in the Navajo County Jail …
Summer of Discontent by John Dannenberg by John E. Dannenberg Underlying the purported societal goal of prisoner rehabilitation lurks the reality of what impedes it: systemic violence that defines the adversarial relationship between all men and women behind bars, prisoners and guards alike. Driven by racial animus, drugs, anger, gang …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
My Space Becomes “No Space” for Online Sex Offenders by David Reutter My Space Becomes "No Space" for Online Sex Offenders by David M. Reutter After online social networking giant MySpace.com, under pressure, disclosed on July 24, 2007 that it had purged 29,000 sex offender profiles from its website, state …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
Washington DOC Pays PLN $541,000 for Illegally Withholding Records by Michael Rigby The Washington Department of Corrections will pay Prison Legal News $541,000 for illegally withholding public records. It is the largest records-related settlement in Washington state history, and it brings the total amount PLN has won against the state …
Article • May 15, 2008 • from PLN May, 2008
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Amending Petitions by Kent A. Russell This column is intended to provide ?Habeas Hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is on habeas corpus practice under AEDPA, the 1996 habeas corpus law …
Article • May 15, 2008 • from PLN May, 2008
Crazy In America: The Hidden Tragedy Of Our Criminalized Mentally Ill, by Mary Beth Pfieffer (Carroll & Graf, 2007, 280 pp. $15.95) by David Preston Reviewed by David Preston Imagine how tough your life would be if you were trying to cope with schizophrenia or severe depression. Plenty tough, right? …
Article • May 15, 2008 • from PLN May, 2008
Georgia Prisoner Assaulted By Jailer Awarded $5,300 by On June 21, 2007, a federal jury in Georgia awarded $5,300 to a prisoner who claimed he was assaulted by a jailer while imprisoned in the Dougherty County Jail. Plaintiff Kelvin Boyd alleged that in 2000 jailer Santos Ruiz-Gonzalez hit him on …
Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference by The plaintiff fell and broke his hip. A nurse concluded that he was merely bruised and didn't need to see a doctor. Three days later he saw a doctor at regular sick call who gave him an ace bandage for his …
Article • May 15, 2008
Denial of Food, Visits for Refusing to Shave Upheld by Allegations of the denial of one visit and seven or eight meals over a period of a month, without an allegation of denial of a minimally nutritious diet, was frivolous (The plaintiff was denied food and visits because he had …
Article • May 15, 2008
BOP Authority to Revoke Good Time for Pre-Conviction Drug Test Upheld by The plaintiff had a bad urine test after conviction but before sentence on federal charges and lost 27 days good time, to become effective when he was sentenced. At 1157: "Pretrial detainees may not be punished by prison …
No Exhaustion Required in Juvenile IDEA Suit for Damages by The court had previously held that plaintiff, confined by the California Youth Authority, had to exhaust concerning his placement in detention because it was grievable, but did not have to exhaust under the California Tort Claims Act It asked for …
Article • May 15, 2008
No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …
Article • May 15, 2008
Heck Bars Parole Challenge Absent Habeas Relief by Under Heck v. Humphrey and progeny, the plaintiff cannot challenge his parole revocation via 1983 or 1985 without first obtaining relief in a state forum or via federal habeas corpus. The court observes that a majority in Spencer v. Kemna said that …
Article • May 15, 2008
Jail Doctor Wins Lawsuit Over Substitution of Pain Medication by The plaintiff broke his hand in jail and was prescribed Darvocet for pain; a jail doctor directed that it be withheld to see if over-the-counter medications would control the pain, since many jail inmates including the plaintiff have substance abuse …
Tennessee Court Enjoins Prisoner's Litigation by The court publishes its order re filing fees, finds the case frivolous, declares the plaintiff subject to the three strikes rule, and then imposes a requirement that she seek leave of court to file any future actions The court says that 1915(g) has lowered …
Article • May 15, 2008
Second Circuit Discusses Consent Decrees by The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only …
Article • May 15, 2008 • from PLN May, 2008
Filed under: News, News in Brief
News in Brief: by Alabama: On September 11, 2007, Morgan County Community Corrections Director Alison Nix resigned her job as head of the county?s sentencing alternative program after the Community Corrections and Court Services Commission voted to fire her after it was learned she was improperly billing the county $504 …
Article • May 15, 2008 • from PLN May, 2008
$56,274 Verdict in Negligent Rhode Island Maintenance Claim by A Rhode Island state jury awarded a prisoner $56,274 for a claim that alleged prison officials failed to properly maintain exercise equipment, which cased the prisoner injury. The action was filed by prisoner James Bernardo, who was imprisoned at Rhode Island?s …
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