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$4,000 Awarded to Paraplegic Prisoners Segregated Under Improper Conditions by The Eighth Circuit court of appeals held that the administrative segregation prison conditions two paraplegic prisoners were subjected to were unconstitutional and upheld a total award of $4,000 in compensatory damages. Bobby Franklin Simmons and Ricky Lee Marshall (plaintiffs), two …
Michigan Department of Corrections Fined $300,000 in Contempt Case by On July 23, 1998, a federal court in Michigan imposed contempt sanctions against the Michigan Department of Corrections for its failure to comply with previous court orders. This is the latest installment in the decades long suit filed by women …
Article • April 15, 1999 • from PLN April, 1999
Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Book Review) by Alex Friedmann Review by Alex Friedmann "The expansion of suffrage toall sectors of the population is one of the United States' most important political triumphs .... Today, all mentally competent adults have the right …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
Article • April 15, 1999 • from PLN April, 1999
Cane Seizure Can Violate Eighth Amendment by Afederal district court in New York held that the seizure of a prisoner's medically prescribed cane by a guard can give rise to an Eighth Amendment violation. Because the guard's subjective intentions for seizing the cane were at issue, the court denied summary …
Article • April 15, 1999 • from PLN April, 1999
Oregon "Predatory Sex Offender" Label Requires Notice and Hearing by Oregon "Predatory Sex Offender" Label Requires Notice and Hearing The Oregon Supreme Court ruled that due process requires that Oregon sex offenders receive notice and an evidentiary hearing before the Board of Parole and Post-Prison Supervision (Board) may designate them …
Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Article • April 15, 1999 • from PLN April, 1999
Released Sex Offender Not "In Custody" for Habeas by Released Sex Offender Not "In Custody" for Habeas In a case of first impression, the Ninth Circuit ruled that a sex offender who has completed his sentence, but who must register under a so-called "Megan's Law," is not "in custody" for …
Article • April 15, 1999 • from PLN April, 1999
Timothy "Little Rock" Reed Released on Parole by Timothy "Little Rock" Reed Released on Parole On December 17, 1998, Timothy "Little Rock" Reed was reinstated to his Ohio parole following a five year extradition battle. Reed, a former prison activist, fled Ohio In 1993 when he was accused of violating …
Brief • April 12, 1999
Filed under: Racial Discrimination
Woodley v. WA DOC, WA, Settlement, Race Discrimination Case, 1999 .- .", . ....... ... STATE OFFICE OF RISK MANAGEMENT SETTLEMENT AGREEMENT 1999 APR 12 AN 10: 58 IN THE MATTER OF BILLY G. WOODLEYv. STATE OF WASHINGTON, ET AL. PIERCE COUNTY SUPERIOR COURT CAUSE No. 96-2-08565-6 The parties, BILLY …
Sellers v. Texas Division of Criminal Justice, TX, First Amended Complaint, Race and Sex Discrimination, 1999 , Unlted Stott' Dlstrlct Court Southern District of Tlltas fILED IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION LATRICE M. SELLERS * VS. * APR 0 1 …
Kansas Good Time Rules Violate Ex Post Facto by The Kansas supreme court held that application of new prison rules that allow for the forfeiture of good time credits to prisoners convicted before the rule's implementation violates the ex post facto clause of the U.S. constitution. In a second cae, …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Prisoners Entitled to Money Damages and Injunctive Relief under ADA and RA by Prisoners Entitled To Money Damages And Injunctive Relief Under ADA And RA A federal court in Michigan held that prison officials were not entitled to qualified immunity for money damages in a deaf prisoner's American Disability Act …
Temporary Injunction Issued to Prevent Sex Offender Notification to Employer by A federal court in New Jersey has issued a temporary injunction to prevent state parole officials from notifying a paroled sex offender's employer of his parole status and criminal history. John Doe is a paroled New Jersey state sex …
Victim of Guard Rape Awarded $50,000 by The court of appeals for the Eighth Circuit held that a continuing, widespread, and persistent pattern of sexual activity between the guards and prisoners of the Jackson County (Missouri) jail, coupled with the county's custom of inaction towards allegations of sexual misconduct by …
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case by The court of appeals for the eighth circuit held that an Arkansas state prisoner was entitled to damages for both the state tort of "outrage", and for a constitutional violation. The court reinstated the full $80,000 damage award against the …
Our Sisters' Keepers by Daniel Burton-Rose No one can imagine. What it's like. Not unless you've gone through it. Christina Foos has. While incarcerated in a for-profit prison in Arizona, Christina says she was accosted by a guard, Ernesto Rivas, as she stepped out of the shower in March of …
Human Rights Report Details Women in Prison by A recent report from the group Human Rights Watch, titled Nowhere to Hide: Retaliation Against Women in Michigan State Prisons , charges both that Michigan holds female prisoners in horrid conditions and that women who challenge these conditions are subject to retaliation …
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