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Article • November 15, 1999 • from PLN November, 1999
defendants did not waive their rights under the PLRA by entering into the consent decree. The court did however hold that prisoner plaintiffs are entitled to an evidentiary hearing to avoid termination ...
of conduct that existed at Parchman [prison] may well have led this defendant and others to believe that the beating of a prisoner would be condoned and accepted. Indeed, this defendant crossed the line, so ...
defendants. The facts presented here were taken from one of those lawsuits. Seventeen-year-o1d Angel arrived at the male-dominated YOS in July 2001 after spending three long months at boot camp, a rigorous ...
to safety under the eighth amendment. The district court granted summary judgment to the defendants and dismissed the suit. The court of appeals reversed and remanded. The eighth amendment requires ...
Montgomery could not afford to retain counsel, the district court abused its discretion in denying appointment of counsel. The grant of summary judgment to defendants was also inappropriate. The decision ...
Article • January 15, 2008
violation of his constitutional rights and negligence. Smith named as defendants Harold Clarke, then-director of the Nebraska Department of Correctional Services, and Dr. Patrick Colerick. The district court ...
Article • May 15, 2007
prisoners sued under 42 U.S.C. § 1983 claiming that prison officials violated their First Amendment rights and were in violation of the Remmers decree. Defendant prison officials counterclaimed seeking ...
, that it was an abuse of discretion to grant each defendant a five-level downward departure, based upon the irrelevant and discouraged factors of family situations, employment or educational records, and community ...
Seventh Circuit Affirms Summary Judgment to Defendants in Prisoner’s Wrongful Death Case by Lonnie Burton by Lonnie Burton On October 17, 2016, the Seventh Circuit Court of Appeals upheld ...
Article • July 20, 2017
Filed under: Pardons/Clemency
of the citizenry of this state' and Schwarzenegger in this instance abused his power as governor under the constitution," the trial court found. Nevertheless, the court granted Defendants' motion, finding ...
to serve 45 days in jail or pay $1,500. The court, however, ordered her release to gain entry to an inpatient substance abuse treatment program by September 14 or report to jail that day if she had failed ...
Article • August 23, 2016
as defendants in his 42 U.S.C. § 1983 lawsuit, claiming they assaulted him on at least two occasions, threatened him, and encouraged other prisoners to attack him in retaliation for filing written complaints ...
Article • February 8, 2018
Filed under: Immunity/Liability
. An abusive alcoholic, John McKay, was on community control supervision with a no contact order for threatening to kill his wife. His supervising officer, Mark Deabler, violated his control release when he ...
Article • December 7, 2017
that the designation made him ineligible for parole and increased his original sentence. The court determined that Waldman sued the wrong defendants. The Board of Prisons and Parole decides parole eligibility and parole ...
Article • December 28, 2017
$99,000 to Settle Claim Over Use of Four-Point Restraints by Christopher Zoukis by Christopher Zoukis The federal Bureau of Prisons settled a claim that alleged abusive use of "four-point ...
. The defendants moved for summary judgment, alleging Davis failed to exhaust administrative remedies. The magistrate judge recommended dismissal of the case. Davis’ complaint argued that jail staff had misled ...
Article • March 10, 2017 • from PLN March, 2017
Filed under: Appointment of Counsel
in prosecuting the suit. For example, he filed for discovery which the GEO Group defendants refused to give him, citing security concerns. Instead they sent the discovery to the district court, where it was placed ...
Article • August 30, 2017 • from PLN September, 2017
Filed under: Staff-Prisoner Assault
sexually harassing her after he responded to a report of domestic abuse in which she was the victim. A few weeks later, he pulled in behind her as she parked at her grandmother’s home, came up to her ...
Article • May 5, 2017 • from PLN May, 2017
was convicted in 2006 of five counts of physical abuse, sentenced to 20 years to life and ordered to pay $8,192.50 in court costs, fees and restitution. She appealed, was granted a retrial and was acquitted ...
Article • July 1, 2015
Filed under: Probation
puts more weight on the language of the plea agreement than it can bear,” the court held. “The fact that the state will seek a result does not mean that defendant agreed to that result ...
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