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Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Article • August 15, 2009 • from PLN August, 2009
Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA by The Fourth Circuit Court of Appeals upheld the constitutionality of excluding prisoners from the right to obtain public records under Virginia’s Freedom of Information Act (FOIA), Va. Code Ann. §§ 2.2-3700 to 3704 (2005). Joseph M. Giarratano, a Virginia state prisoner, …
FedCURE Entitled to Fee Waiver for FOIA Request by Brandon Sample On March 19, 2009, U.S. District Judge Reggie Walton granted a motion for summary judgment filed by FedCURE, a non-profit organization that advocates for federal prisoners and their families, in a suit filed under the Freedom of Information Act …
Brief • August 1, 2009
Jackson et al v. City of Pittsburg, CA, Plf Requests for PoD to Def, disclosure of internal police records, 2009 1 2 3 4 5 6 LAW OFFICES OF PANOS LAGOS Panos Lagos, Esq. / SBN 61821 5032 Woodminster Lane Oakland, CA 94602 (510)530-4078 (510)530-4725/FAX panoslagos@aol.com Attorney for Plaintiffs, FREDERICK …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
$500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion by A New York federal jury awarded a woman $500,000 in a lawsuit claiming that her constitutional rights were violated when a guard forcibly raped her. The verdict, however, found the sheriff was not guilty of …
Strip-Searched Iowa Bush Protesters Awarded Damages at Trial, Re-Trial by Matthew Clarke by Matt Clarke On June 4, 2008, a federal jury in Iowa awarded $750,000 to two political protesters who were arrested at the direction of the Secret Service, taken to jail and unlawfully strip-searched. After the court ordered …
Article • July 15, 2009 • from PLN July, 2009
Santa Cruz County, Arizona Pays $3 Million in Strip Search Suit by Jimmy Franks On November 25, 2008, following two days of negotiation mediated by retired Pima County, Arizona Superior Court Judge, Honorable Lawrence Fleishman, the parties involved in a Class Action complaint regarding unconstitutional strip searches reached a satisfactory …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
Article • July 15, 2009
California Court of Appeal Holds 2006 Amendments Sexually Violent Predator Statute Not Retroactive by .The California Court of Appeal held that the 2006 amendment to the Sexually Violent Predator Act (SVPA) and Proposition 83 that same year may not be applied retroactively. George Whaley was originally civilly committed under the …
Article • July 15, 2009
Class Claims for Injunctive Relief in HPC Suit Dismissed as Moot by U.S. District Judge Noel L. Hillman has dismissed as moot class claims brought by a group of New Jersey prisoners alleged to have been unreasonably exposed to Hepatitis C (HPC). Walter Bennett on behalf of all others similarly …
Clemency Petition Not Subject to FOIA by On December 1, 2008, the U.S. Court of Appeals for the Second Circuit affirmed a district court’s order denying a Freedom of Information Act (FOIA) request for copies of a commutation petition filed by John Walker Lindh, the so-called “American Taliban.” In January …
Connecticut Settles Overcrowding Suit by The State of Connecticut in the early 1980s agreed to settle a suit over the overcrowding at the Somers Correctional Facility. Joseph Letezeio individually and on behalf of all those similarly situated at Somers sued the State of Connecticut alleging that the overcrowding and other …
Consent Decree Improving Conditions on Louisiana Death Row Terminated by A landmark 1990s consent decree improving conditions on death row has been terminated under the Prison Litigation Reform Act (PLRA). In 1991, the warden at the Louisiana State Penitentiary (LSP) settled a lawsuit brought on behalf of current and future …
Consent Judgment Entered in Connecticut Prison Conditions Case by On October 17, 1989, a consent judgment was entered resolving various claims regarding the constitutionality of living conditions at the Connecticut Correctional Institution at Somers. The settlement requires the defendants to (1) eliminate housing in a barbershop and card room; (2) …
Article • July 15, 2009 • from PLN July, 2009
PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act by As part of ongoing research, PLN submitted a public records request to the Los Angeles County Sheriff’s Department on January 29, 2008, seeking records related to settlements and verdicts resulting from tort, overdetention and …
Article • July 15, 2009 • from PLN July, 2009
$3.3 Million Settlement Fund Established in New Mexico Jail Strip Search Settlement by A $3.3 million settlement fund has been established in a class action lawsuit alleging an unconstitutional blanket strip search at the Valencia County Detention Center (VCDC) in New Mexico violated the rights of the class. VCDC was …
Former California DOC Worker Kept Confidential Prison Gang Files at Home by A former typist for the California Dept. of Corrections and Rehabilitation (CDCR) was convicted of having confidential prison gang files in her Sacramento home. The files also included the names and social security numbers of 5,500 state employees. …
Massachusetts Prisoner Awarded $550,307 in Attorney Fees and Costs in Unsanitary Conditions Case by On December 30, 2008, a Massachusetts state court awarded a former prisoner $547,566 in attorney fees and $2,741 in costs and litigation expenses in a civil rights action in which the plaintiffs were awarded only nominal …
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