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Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by Paul Wright In a four-month period between September, 2000 and January, 2001, the Washington Department of Corrections (DOC) was hit with separate jury verdicts for $22.4 and $15 million and settled two additional cases …
Closing Washington's Window of Parole Liability by Paul Wright In addition to almost $50 million in settlements and verdicts assessed against the Washington DOC in recent months, the Washington DOC has paid an additional $20.6 million to settle 25 parole liability cases and pay one jury verdict since 1994. Apparently, …
Article • May 15, 2001 • from PLN May, 2001
Private Prison Contractor Not Entitled to Immunity by A State court of appeals in West Virginia has held that a private contractor of youth incarceration services is not entitled to immunity under the Governmental Tort Claims and Insurance Reform Act (the Act), W.Va. Code §§ 2912A1 to 18. Tracy Galloway …
Article • May 15, 2001 • from PLN May, 2001
US Supreme Court Allows BOP Limit on Early Release Statute by Roger Smith The U.S. Supreme Court has upheld 28 C.F.R. § 550.58(a)(1) (vi)(B) (Regulation), a federal Bureau Of Prisons (BOP) regulation modifying 18 U.S.C. § 3621(e)(2)(B) (Statute). The Statute provides that federal prisoners with nonviolent convictions may receive up …
Brief • April 23, 2001
Filed under: Mental Health
Laaman v. Warden, NH, Settlement Agreement, Mental Health, 2001 UNITED STATI'-5I)]ST1HCT COUltT Fon TilE D1$TIUCr Of' NEW 11,\~II'SIIIRE JAAN L,\,\~IAN. ) ) el:11. ) ,. ) DOCKET IiC·75.2SS·11 ) W,\ nOEN, NEW IIAM1'SIIInE STATE I'IHSON, el n1. ) ) ) ) I. I'ROCEDUI~\L I. r-cdernl COUll jurisdiction over Ihis m:\llcr …
Article • April 15, 2001 • from PLN April, 2001
Second Circuit Discusses Qualified Immunity in Disciplinary Case by Second Circuit Discusses Qualified Immunity In Disciplinary Case The Second Circuit has with drawn its previous decision in Horne v. Coughlin, 155 F.3d 26 (2nd Cir. 1998), substituting an opinion that does not determine whether a mentally retarded prisoner has a …
Article • April 15, 2001 • from PLN April, 2001
Federal Religious Freedom Law Passed by Dan Pens On July 27, 2000, Congress unanimously enacted Senate Bill 2869, the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which was signed into law by president Clinton, as a public law 106-274. The bill passed congress in two weeks and …
Mystery Surrounds Texas Prison Rape/Suicide by A prisoner at the French Robertson Unit near Abilene, TX, hanged himself August 16, 2000, shortly after sexually assaulting a female prison employee, prison authorities say. A few minutes after 4:00 p.m., the female recreational staff (whose name and age were not released) confronted …
Maynor v. Morgan County, AL, Complaint, Inmate Funds Misappropriation, 2001 Case 5:01-cv-00851-AKK Document 1 Filed 04/05/01 Page 1 of 17 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA C. / "~i - 3 i.. ; ~·: NORTHERN DMSION JOHNNY MAYNOR, Anthony Murphree, Christopher Nichols, Yvette Barbee, …
Article • March 15, 2001 • from PLN March, 2001
Feds Continue Abuse of El-Hage by In a telephone interview with The New York Times, April ElHage said federal jail officials in Manhattan have been retaliating against her husband, Wadih ElHage, ever since two codefendants in the case were accused of stabbing and critically wounding a guard. The two codefendants, …
Colorado Prisoner Challenges 'Sex Offender' Label by The Tenth Circuit Court of Appeals held that a Colorado prisoner's classification as a "sex offender" is subject to due process considerations. In 1985, the Colorado Department of Corrections (CDOC) modified its Administrative Regulation governing classification to include a Sex Offender Component in …
Article • March 15, 2001 • from PLN March, 2001
PLRA Doesn't Apply to Civil Commitments by The court of appeals for the Ninth circuit held that the Prison Litigation Reform Act does not apply to people civilly committed as "sexually violent predators." Sammy Page is civilly committed under California's Sexually Violent Predators Act. Page filed suit in Federal court …
Bag'm, Tag'm and Bury'm; Wisconsin Prisoners Dying for Health Care by Dan Pens [The Milwaukee Journal Sentinel (www.jsonline.com) published an investigative series titled: "Wisconsin's Death Penalty," by Mary Zahn and Jessica McBride, October 22-24, 2000. Wisconsin doesn't have capital punishment, but the Journal Sentinel revealed the routine "execution" of state …
Mentally Ill Prisoners in the New Jersey Prison System by Julia Lutsky Two hundred prisoners filed a class action suit against the New Jersey Department of Corrections (NJDOC) in 1996. A court order issued as a result of that suit mandated an investigation to "assess the mental health services in …
Louisiana Abandons Private Juvenile Prisons by The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. Dept. of Justice, …
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
Brief • January 23, 2001
Davenport v. Seling, WA, Settlement, Civil Commitment Confinement Conditions, 2001 Page,Z of q #1089211 ~oC)~l.t?- ~,;..o m~SS'ZILLY .' 1.1'7 1 2 , 3 ,4 ~~I~DGED:tr-::~_= 5 JAN 1'7 2001 e 7 ~ FILED J:1L,MERED . LODGED _RECQV£D ' JAN 222001 ' . A'f &11ATTt.l .cLERK u.s. DISTRICT COURT WES1EllN DISTRICT …
Iowa Segregation Suit Settled by James Quigley A federal district court in Iowa held that after nearly a decade of unconstitutional conditions, state prison officials have finally submitted an acceptable plan to remedy substantive due process violations relating to extraordinarily longterm lockup, and various Eighth Amendment violations in a segregation …
En Banc Sixth Circuit Addresses Mental Health Care by By Matthew T. Clarke Anthony Wade was a Michigan state prisoner who committed suicide by taking an overdose of anti-depressant Sinequan (Doxepine) pills. During the year Wade was in presentencing incarceration at the Wayne County Jail (WCJ), he suffered from depression …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
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