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Indiana State Courts Have Jurisdiction In Prisoner Phone Contract Case by Bob Williams In a suit challenging excessive collect call rates charged to prisoners' families, friends and attorneys, the Indiana Court of Appeals has reversed a lower court's dismissal for lack of subject matter jurisdiction. Chanelle Alexander and others (the …
Article • January 15, 2006 • from PLN January, 2006
Class Action Suit Filed Against L.A. County Jail After 4,000 MRSA Infections by by John E. Dannenberg A class action lawsuit against Los Angeles (L.A.) County and its Sheriff Leroy Baca was filed in 2004 in the United States District Court (C.D. Cal.) on behalf of an estimated 4,000 present …
Pennsylvania Control Unit Newspaper, Magazine and Photo Ban Invalidated; Supreme Court Grants Review by The Third Circuit Court of Appeals reversed a district court's decision upholding a Pennsylvania prison policy prohibiting a class of segregated prisoners from possessing newspapers, magazines and photographs. The U.S. supreme court granted review in the …
Article • October 15, 2005
Class Certification Discussed in Beach Fee Suit by Plaintiffs challenged a $3.00 beach access fee and sought class certification, proposing subclasses of those who had paid the fee and those who had not paid and consequently couldn't go to the beach. Impracticability of joinder "does not mean impossibility, but only …
Article • August 15, 2005 • from PLN August, 2005
Supreme Court Finds Ohio Supermax Placement Policy Constitutional by Bob Williams By Bob Williams The United States Supreme Court has found prisoners possess a liberty interest in avoiding supermax placement but ruled Ohio’s new classification policy for placing and retaining prisoners in the state’s supermax is constitutional as written. Relief …
Article • August 15, 2005 • from PLN August, 2005
42 Alabama AIDS Prison Deaths In Five Years Spurs Major Medical Suit Settlement by John Dannenberg By John E. Dannenberg The Alabama Department of Corrections (ADOC) settled a class action federal civil rights lawsuit brought by Limestone Correctional Facility AIDS-afflicted prisoners who had complained of unconstitutional conditions of medical treatment …
Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was …
California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …
Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled by Mark Wilson Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled by Mark Wilson On April 6, 2004, the Class Action suit against the Oregon Department of Corrections (ODOC) for failing to properly diagnose …
Brief • January 5, 2005
Williams v. Clinch County, GA, Motion for Class Certification, Jail Fees, 2005
Article • July 15, 2004 • from PLN July, 2004
California Class Action Lawsuit Targets Unauthorized Prison Phone Charges by A lawsuit currently pending in a California state court claims that certain providers of prison telephone services have improperly charged for collect calls from correctional institutions that were not authorized or accepted by the called party. The lawsuit, Condes v. …
Publication • 2004
A Case Study of LaMarca v. Turner, Karen Paik, 2004 LaMarca v. Turner ™ V • • • • • • Hfl • • PC-FL-007-038 Rethinking the Use of Class Actions to Combat Inmate-on-Inmate Sexual Assault: A Case Study of LaMarca v. Turner Karen Y. Paik Karen.Paik@post.harvard.edu (760) 492-4222 May …
Article • January 15, 2004 • from PLN January, 2004
New Hampshire Prison Commissary Surcharge Ruled an Illegal Tax by John E Dannenberg by John E. Dannenberg The New Hampshire Supreme Court held that state law RSA 622:7-b, which imposed a 5% surcharge on the price of all commissary sales, amounted to a disproportionate tax in violation of the New …
Article • January 15, 2004 • from PLN January, 2004
Bond Fees State Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit reversed a district court's dismissal of a lawsuit by arrestees who challenged Illinois counties' practice of charging a bond fee as a condition of release from jail. Six former arrestees brought an action under …
Article • December 15, 2003
Class Certification in Texas Jail Court Access Case by The Fifth Circuit Court of Appeals reversed a U.S. District Court for the Western District of Texas that refused to grant class certification of a suit brought by indigent prisoners of the Bexar County Jail in Texas regarding the inadequacy of …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted by Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted The U.S. District Court for the Southern District of Ohio has awarded partial summary judgment to a former pretrial detainee in a case involving seizure of the detainee's funds by the …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Boston Jail Strip Searches Unconstitutional by John E Dannenberg by John E. Dannenberg A Boston City Police Department (BPD) policy of invasive and degrading strip-searching of all female detainees, regardless of the cause of their detention, while not similarly treating male detainees, violated the unreasonable search provisions of the Fourth …
Failure to Timely Raise Exhaustion Defense Waives that Defense by Failure To Timely Raise Exhaustion Defense Waives That Defense In a successful class-action 42 USC § 1983 civil rights complaint brought by seriously mentally ill Wisconsin Supermax prisoners for injunctive relief [see 164 F.Supp.2d 1096], prison official defendants' motion to …
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