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Article • March 15, 2007 • from PLN March, 2007
From the Editor by Paul Wright This editorial is being written in Wichita, Kansas on February 14, 2007. For the past two days PLN?s executive director, Don Miniken, and I have been attending the bench trial before USDC Judge Monte Belot in Prison Legal News v. Werholtz. PLN filed the …
Article • December 15, 2006 • from PLN December, 2006
Hate-Filled Religious Fanatics Find a Home in Kansas Corrections by Alex Friedmann Hate is a strong word. Many prison employees and DOC officials are contemptuous of or indifferent to the prisoners in their custody. Detention facility staff are sometimes negligent, retaliatory and even abusive,(1) but they seldom display a fanatical …
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Article • October 15, 2006 • from PLN October, 2006
PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John Dannenberg PLNs Publication-Ban Suit Against Kansas DOC Set For Trial On Declaratory And Injunctive Relief by John E. Dannenberg Seeking to overturn restrictive bans on prisoner receipt of publications in the Kansas Department of …
Brief • August 17, 2006
Filed under: Due Process
Harris v. Terrell, KS, Order, Bivens complaint, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SETH H. HARRIS, SR., Plaintiff, v. CASE NO. 06-3202-SAC DUKE TERRELL, et al., Defendants. O R D E R Plaintiff, a prisoner confined in the United States Penitentiary in Leavenworth, Kansas, …
Crimes of the Heart: Incarceration Collusion by Bob Williams by Bob Williams & G.A.Bowers What would a woman do for her man? Run a frontend loader through a jail wall? Drive her lover out of prison in a food service truck? Murder witnesses? Smuggle in guns and drugs? Melt her …
Article • June 15, 2006 • from PLN June, 2006
Filed under: PLRA, Attorney Fees (PLRA)
PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police by PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police The Tenth Circuit Court of Appeals, sitting en banc, has reversed a panel ruling holding that the Prison Litigation Reform Act …
Article • March 15, 2006 • from PLN March, 2006
Withholding Legal Mail States Legal Access Claim by by Bob Williams The United States Court of Appeals for the Tenth Circuit has held that withholding legal mail while a prisoner is out to court states a colorable claim for denial of legal access because it impedes efforts to pursue litigation. …
Article • January 15, 2006 • from PLN January, 2006
Feres Doctrine Bars FTCA Actions by by Military Prisoners The Unites States Court of Appeals for the D.C. Circuit held that the Feres doctrine, adopted by the United States Supreme Court in Feres v. United States, 340 U.S. 135 (1950), bars suits brought under the Federal Tort Claims Act (FTCA) …
Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up by Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Upheld by John E. Dannenberg The U.S. District Court (D. KS) enjoined Ft. Leavenworth prison officials from banning …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Mail, Mail Regulations
Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions by John E Dannenberg Tenth Circuit Reverses Dismissal of PLN Suit Challenging Kansas DOC Ban On Gift Subscriptions by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed and remanded the district court's grant …
Article • January 15, 2005 • from PLN January, 2005
Kansas Supreme Court Upholds Gift Subscription Ban by The Kansas Supreme Court ruled that the Kansas Department of Corrections' (KDOC) rule IMPP 11-101, which prohibits prisoners from receiving gift subscriptions to magazines and newspapers, does not violate the prisoners' constitutional rights under the First Amendment. Reversing the Kansas Court of …
$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Brief • July 20, 2004
Waterman v. McGuire, KS, Memorandum and Order, Mail Censorship, 2004 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) CRAIG E. WATERMAN, ) Plaintiff, v. COMMANDANT, United States Disciplinary Barracks, et al., Defendants. ) ) ) ) ) ) CIVIL ACTION No. 03-3415-CM ) ) ) ) …
$1.4 Million Awarded in Kansas Prisoner Death by In August, 2003 a State Jury in Leavenworth County, Kansas, awarded the son of a Kansas State prisoner who was killed after being stabbed by another prisoner on August 8, 2000, $1.4 million. Donald R. Grisham was stabbed on his 27th birthday …
Article • June 15, 2004 • from PLN June, 2004
Kansas Trial Courts Have Latitude in Setting Restitution Payments by The Kansas Supreme Court has ruled that K.S.A.2002 Supp. 21-4603d allows state trial courts to order prisoners to pay restitution from their prison accounts, and to order that a portion of such accounts be exempt from collection. William Puckett was …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively by Kansas Good Time Regulations Enacted After Prisoner's Crime May Not Be Applied Retroactively The Kansas Supreme Court recently held that an amended version of the Department of Corrections (DOC) regulation governing the award of good time …
Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded by The U.S. Tenth Circuit Court of Appeals affirmed a district court grant of judgment as a matter of law to a Kansas county in an excessive use of force claim brought against county jailers after a jury ruled against …
Kansas Grievance Procedures Inapplicable in Negligence Action by The Kansas Court of Appeals held that a state prisoner was not required to follow prison grievance procedures to exhaust administrative remedies before filing a negligence action. The court also held that the prisoner was not required to: file his claim with …
Article • May 15, 2004 • from PLN May, 2004
$252,000 Awarded in Kansas Prisoner's Suicide by The suicide of Scotty Ray Sisk, a prisoner at Kansas' Shawnee County Department of Corrections (KDOC) has resulted in an award of $252,000 to his parents. On July 6, 1999, Sharon Sisk called the prison and told guard Joel Manzanares that she thought …
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