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Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments by The Washington state Supreme Court, sitting en banc, held that the "equal protection clauses of the state and federal constitutions require that less restrictive alternatives (LRAs) to confinement be considered at . . . commitment trials" under RCW …
Prison Guards Can Be Liable for Prisoner Suicide by The Seventh Circuit Court of Appeals has reversed and remanded the dismissal of a 42 U.S.C. §1983 suit against Wisconsin prison officials. In so ruling, the court held that prison guards can be held liable under Eighth Amendment "deliberate indifference" claims …
Settlement Agreement Reached in Wisconsin Supermax Suit by John E Dannenberg by John E. Dannenberg Wisconsin Department of Corrections (DOC) officials settled the 42 USC § 1983 class action civil rights suit brought by seriously mentally ill prisoners housed in the Boscobel, WI Supermax state prison by agreeing not to …
Supreme Court Upholds Forced Confessions in Kansas Sex Offender Treatment by Bob Williams In a 54 decision, the United States Supreme Court has decided that a convicted sex offender's Fifth Amendment privilege against compulsory selfincrimination is not violated by a treatment program that requires admitting to all past sexual behavior. …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Mental Health, Suicides
Jailers Liable for Foreseeable Prisoner Suicide by The Supreme Court of Alaska held that a jailer owes its prisoners the duty of reasonable care to protect them from foreseeable harm, including self-inflicted harm. Rudolph Joseph was arrested in Nome, Alaska on. May 11, 1996 and committed to the Anvil Mountain …
Bailey v. MN DOC, MN, Complaint, ASL interpreter sex offender treatment disabled prisoner, 2002
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
Article • September 15, 2002 • from PLN September, 2002
U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence by David Zuckerman June was a good month for many death row prisoners. In Ring v. Arizona , 122 S.Ct. 2428 (2002) and Atkins v. Virginia , 122 S.Ct. 2242 (2002), the Supreme Court placed new and …
Article • September 15, 2002 • from PLN September, 2002
Washington Sex Offender Therapist Fired for Sex Related Misconduct by Thomas Smith is again in hot water over his seemingly endless sexoriented misconduct. On February 12, 2002 he was fired from his therapist position at the Special Commitment Center (SCC) on McNeil Island near Steilacoom, Washington. He had "treated" civilly …
Article • August 15, 2002 • from PLN August, 2002
Kansas Sexual Predator Civil Commitment Standards Refined by U.S. Supreme Court by The U.S. Supreme Court refined its earlier ruling that a sexually violent predator could constitutionally be civilly committed after his criminal sentence had been served by distinguishing sexual misbehavioral impairment classifications into those caused by an uncontrollable mental …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Suicides, Juveniles
Texas Juvenile Jail Suicide Settles for $100,000 by On October 5, 2001, the Denton County Juvenile Detention Center in Texas agreed to a pre lawsuit settlement of $100,000 in the suicide death of Seth Moss. Moss, 15, was being held in the Center as a runaway. Apparently Moss hung himself …
Publication • August 1, 2002
Understanding Dangers of Empathy, Psychotherapy Networker, 2002 July/August 2002 UNDERSTANDING DANGERS OF EMPATHY By Babette Rothschild Ruth, 42, had recently begun a new job as a social worker, specializing in emergency relief with a family-services agency. An experienced professional, she loved the challenges of this work. She enjoyed helping desperate …
Article • June 15, 2002 • from PLN June, 2002
Prisoner Killed in California Prison by Michael Rigby On the morning of Sept. 29, 2001, after his very first night in prison, Gary Avila was found dead in his cell, apparently strangled by his cellmate. Inside the cell Paul Posada paced nervously and muttered to himself. "Yeah, I did it," …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Placement of Homeless Persons with Severe Mental Illness in Supportive Housing, University of Pennsylvania, 2002 Culhane.qxd 5/28/02 10:26 AM Page 107 · Housing Policy Debate Volume 13, Issue 1 © Fannie Mae Foundation 2002. All Rights Reserved. 107 107 Public Service Reductions Associated with Placement of Homeless Persons with Severe …
Suicides, Staff Negligence Plague Private Arkansas Juvenile Prison by Lonnie Burton In October 2001, a just-completed state investigation concluded that Houston-based Cornell Company, the private firm that runs Arkansas's Alexander Youth Services Center, was negligent for failing to monitor an at-risk youth who committed suicide. The suicide was the second …
Article • May 15, 2002 • from PLN May, 2002
Ohio Supreme Court Rules Indigent Sex Predator Gets Paid Expert Witness by The Ohio Supreme Court has held that an indigent defendant in a sexual predator classification hearing is entitled to an expert witness at state expense "if the court determines, within its sound discretion, that such services are reasonably …
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