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Article • May 15, 2007
10th Circuit Reverses Sua Sponte Medical Claim Dismissal by The Tenth Circuit Court of Appeals reversed a lower courts sua sponte dismissal of a Utah prisoner's deliberate indifference action, for failure to state a claim. Utah prisoner Joe Martinez has a cyst on his left testicle and epididymis of his …
Article • May 15, 2007
WA Prisoner Properly Removed from Court by Damon Chapple, a Washington state prisoner, was serving one hundred and twenty five years for murder, rape, and robbery. In 1997, he was charged with raping a fellow prisoner as a three strikes offense. During a pretrial hearing he became disruptive, swearing and …
WI Prisoner Unconstitutionally Denied Correspondence with Sister-In-Law by Juan Morales, a Wisconsin state prisoner mailed a letter to his sister-in-law. Prison guards intercepted the letter, read it, and after finding that it suggested that Morales was the father of his sister-in-law's illegitimate child, refused to mail it or others like …
Article • May 15, 2007
OH Prisoner's Criminal Retaliation Conviction Reversed by In April of 2000, Justin Farthing, an Ohio state prisoner, sent a letter to another prisoner at the Pickaway Correctional Institution in Pickaway County, Ohio. The letter suggested that they both rape his former parole officer, Susan Johnson, who'd violated Farthings parole on …
AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity by AZ Prisoner's 1983 Action against Judge and Prosecutor Barred By Absolute Immunity Kenneth Ashelman, an Arizona state pretrial detainee, filed suit against the judge and prosecutor in his criminal prosecution, pursuant to 42 U.S.C. § 1983, in …
Article • May 15, 2007
GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed by GA Prisoner's Conviction of Distributing Obscene Material in Movie Theater Reversed A movie theater worker identified only as Jenkins, a Georgia state prisoner, was convicted of distributing obscene material after showing the movie Carnal Knowledge. He unsuccessfully appealed …
Article • May 15, 2007
Filed under: Telephones, Telephone Rates
Eighth Circuit Upholds Dismissal of Phone Rate Challenge by The Eighth Circuit Court of Appeals affirmed a lower court's dismissal of an excessive prison phone rate case for failure to state a claim under FRCP 12(b)(6). As we have reported extensively, all similar litigation to date has been unsuccessful in …
Article • May 15, 2007
Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge by Statutory Authority Lacking for Lien in Florida Prisoners' Gain Time Loss Challenge Florida's First District Court of Appeals has held that a Florida law does not allow an indigent prisoner to be assessed a lien on his …
Article • May 15, 2007
Filed under: Money/Property, Interest
Denial of Interest May Violate Due Process by A federal court in Rhode Island held that a prisoner stated a claim that denial of interest on his funds deprived him of procedural due process. Rhode Island Department of Corrections (DOC) prisoner Edward Young brought suit alleging that the denial of …
Article • May 15, 2007
BOP Prisoner's Ineffective Assistance of Counsel Claim in Guard Murder Rejected by Scott Fountain, a federal prisoner and a member of the Aryan Brotherhood, was convicted of murdering a prison guard in 1986 in the control unit at the US Penitentiary in Marion, Illinois. In 1997, he moved to vacate …
Article • May 15, 2007 • from PLN May, 2007
Registration Requirements Expanded to Non-Sex Crimes and Unconvicted Offenses by Matthew Clarke by Matthew T. Clarke Ohio and Illinois have recently expanded the scope of persons required to register with the state as sex offenders to include persons who have never been charged with or convicted of a sex crime. …
Article • May 15, 2007 • from PLN May, 2007
EPA Fines Pennsylvania DOC $37,000 for Air Violations by For a violation of federal environmental laws, the Pennsylvania Department of Corrections (PDOC) has been fined $37,510. That penalty came in a settlement agreement between PDOC and the U.S. Environmental Protection Agency (EPA). The agreement resulted from an administrative complaint for …
Article • May 15, 2007 • from PLN May, 2007
Florida DOC Liable for Legal Copy Costs Not Repaid by The Circuit Court for Leon County, Florida, on October 4, 2006, awarded a Florida Department of Corrections (FDOC) prisoner $1,030 in damages and court costs in an action seeking recovery of the cost of legal copies made for the prisoner. …
Article • May 15, 2007 • from PLN May, 2007
Pennsylvania Prisoner Wins $10,000 On Excessive Force Claim by A Pennsylvania state prisoner who was injured when a guard slammed the cell slot door on his arm after the prisoner didn?t retract his arm soon enough was awarded $10,000 in punitive damages by a federal jury on January 28, 2006. …
Article • May 15, 2007 • from PLN May, 2007
Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000 by Suit For Untreated Diabetic Prisoner's Death In Los Angeles County Jail Lobby Settled For $700,000 The Los Angeles County Claims Board settled out a wrongful death lawsuit for $700,000 that resulted from a jail …
Article • May 15, 2007 • from PLN May, 2007
Filed under: News, News in Brief
News in Brief: by Arizona: On May 1, 2006, Timothy Monk, 34, a prisoner at the Wilmot Prison, took prison guard Laurel Kennedy hostage while armed with a razor blade shank, demanding a transfer to the state of Montana in exchange for her release. Monk released Kennedy unharmed after six …
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Pays $1.9 Million in Rape-Murder; County Escapes Liability by The Washington Supreme Court has held that Mason County had no duty to warn the public of a sex offender in the community, thus the County could not be held liable for negligence. The ruling came in a lawsuit …
Indianapolis’ Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined by Indianapolis' Sex Offender Ordinance Banning Presence in Public Places with Children Enjoined An Indiana federal district court has granted a preliminary injunction to the plaintiffs in an action challenging a City of Indianapolis ordinance that bans sex …
Article • May 15, 2007 • from PLN May, 2007
Nevada Prisoner Awarded $18,700 For Retaliation Claim by On October 14, 2005, a federal jury in Nevada awarded $18,700 to a state prisoner who suffered a retaliatory transfer and punishment after he voiced complaints about the prison?s food and grievance procedures. According to the lawsuit, prisoner Phillip Lyons was elected …
New BOP Program Isolating Muslim, Middle Eastern Prisoners by by Jennifer Van Bergen The US Department of Justice has implemented a secretive new prison program segregating ?high-security-risk? Muslim and Middle Eastern prisoners and tightly restricting their communications with the outside world in apparent violation of federal law, according to documents …
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