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$540,000 Settlement in Minnesota Jail Beating by Robert Woodman In October 2001, Hennepin County, Minnesota, agreed to pay $540,000 to settle a brutality suit against the county jail. It is believed to be the largest brutality settlement in county history. On September 4, 2000, Derek Martin, 43, was arrested on …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
Article • April 15, 2002 • from PLN April, 2002
Massachusetts DNA Law Invalidated by In an unpublished ruling, the Superior Court of Massachusetts invalidated a state statute authorizing the Massachusetts Department of Corrections (MDOC) to: define indigence for the purpose of assessing costs of collecting and processing DNA samples; and impound and seize funds from prisoner accounts without their …
Puerto Rico Prison Officials Fined $10 Million by A federal court in Puerto Rico held prison officials in contempt for failing to comply with court orders governing prison conditions and imposed a contempt sanction of $10 million. More than 20 years ago the court first dealt with prison overcrowding in …
PLN Awarded $58,059 in Attorneys' Fees in Oregon Bulk Mail Suit; PLRA Doesn't Apply, Injunction Entered by In the April 2001, issue of PLN we reported Prison Legal News v. Cook , 238 F.3d 1145 (9th Cir. 2001), where the Court struck down as unconstitutional the Oregon Department of Corrections …
Sixth Circuit Finds Ohio Response to Jewish Prisoner's Hair 'Exaggerated' by The Sixth Circuit Court of Appeals, in a case addressing an Ohio prisoner's suit over the Department of Rehabilitation and Correction's (DORC) hairlength restriction "as applied," has reversed the district court's denial of qualified immunity to DORC defendants, but …
California Prison Guards Protected in Criminal Investigation by A recent case before the First Appellate District of California demonstrates the political clout of the California Correctional Peace Officers' Association (CCPOA), and the sweetheart treatment that clout buys. That clout enabled CCPOA to win a preliminary injunction against the California Department …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
Damages Awarded in Ohio Disciplinary Suit by A federal district court in Ohio held that a trial was required to determine if a prisoner was improperly denied the right to call witnesses at a disciplinary hearing. The Court also held that the suit was not barred by the PLRA or …
Tarrant County (Texas) Jail's 'God Pod' Unconstitutional by by Matthew T. Clarke The Texas Supreme Court has held that the Chaplain's Education Unit (CEU) at the Tarrant County Jail unconstitutionally violates the separation of church and state. In 1992, former Tarrant County (Texas) Sheriff David Williams initiated the CEU program, …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Article • August 15, 2001 • from PLN August, 2001
Washington Civil Commitment Injunction Upheld by The Court of Appeals for the Ninth Circuit has affirmed the District Court's denial of a motion to dissolve an injunction requiring the Special Commitment Center (SCC) in Washington to bring its sexual deviancy treatment program within constitutional requirements. In 1994, Richard Turay, a …
Article • July 15, 2001 • from PLN July, 2001
Florida Religious Name Change Upheld by The Eleventh Circuit Court of Appeals upheld a federal district court order requiring the Florida Department of Corrections (FDOC) to allow Muslim prisoners to use their religious name to obtain prison services. While incarcerated, Florida death row prisoner Kenneth D. Quince converted to Islam …
Kentucky Phone Rate Ruling by A federal district court in Kentucky held that the filed rate doctrine barred any claims for money damages against Phone Company and county jail defendants. However, injunctive relief was still available. The court questioned the legality of an exclusive service provider contract. In the August, …
Article • March 15, 2001 • from PLN March, 2001
Permanent Injunction Granted for Kosher Diets by The Colorado Federal District Court granted a permanent injunction against the Department of Corrections (CDOC) finding the CDOC in violation of the Free Exercise Clause of the First Amendment for failing to provide Colorado Prisoners with a kosher diet. As reported in the …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
Article • January 15, 2001 • from PLN January, 2001
Seventh Circuit Rejects ETS Claim by The U.S. court of appeals for the Seventh Circuit held that a pretrial detainee's injuries from exposure to environmental tobacco smoke (ETS) were not sufficiently serious to support a due process claim, and that he could not recover for future injuries absent some showing …
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