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Article • May 15, 2011 • from PLN May, 2011
Wisconsin DOC Settles Transgender Prisoner’s Lawsuit by The Wisconsin Department of Corrections (WDOC) has agreed to settle a lawsuit brought by a transgender prisoner who sought treatment for her gender identity disorder. The settlement ended seven years of litigation. The suit was filed in federal court in 2003 by Scott …
Third Circuit Upholds BOP Early Rule against APA Challenge by On October 26, 2009, the U.S. Court of Appeals for the Third Circuit joined the Eighth Circuit in holding that the Bureau of Prisons (BOP) did not violate the Administrative Procedure Act (APA) in categorically excluding certain offenders from early …
Article • May 15, 2011
Washington DOC Agrees to Pay $6,500 to Settle Slip and Fall Claim by On November 14, 2007, the State of Washington agreed to pay a woman who slipped and fell at the entrance of a Department of Corrections (DOC) facility $6,500. Beverly Smith slipped and fell while leaving a DOC …
Washington State Agrees to Pay $275,000 to Settle Employment Discrimination Claim by The State of Washington has agreed to pay $275,000 to a female Department of Corrections (DOC) employee who experienced harassment because of her gender, and retaliation as a result of an EEOC complaint about the matter. Carol Grandmontagne …
Article • May 15, 2011
Connecticut DOC Guards Terminated For Outlaw Motorcycle Club Association by Connecticut Department of Corrections (DOC) guards appealed the dismissal of their 42 U.S.C. § 1983 action after being disciplined and terminated for associating with an Outlaw Motorcycle Club (OMC) in violation of DOC policy directives. The dismissal was affirmed. DOC …
Article • May 15, 2011
Filed under: Medical, Kidney, Malpractice
Doctor’s Treatment of Prisoner's Chronic Kidney Failure Without Examination States A Claim by The Ninth Circuit reversed the dismissal of a state pro se prisoner's complaint holding that the facts alleged at this early stage may state a claim for medical deliberate indifference. California state prisoner Jessie Watson filed a …
Article • May 15, 2011
Missouri Escape Rule Bars Post-Conviction and Habeas Corpus Filing by Missouri state prisoner Alan Echols appealed his federal habeas corpus denial after being denied state post-conviction relief based on Missouri's escape rule, which bars the review of post-conviction claims from prisoners who escape from incarceration. The denial was upheld by …
Article • May 15, 2011
Plaintiff Entitled to Washington State Patrol's Electronic Accident Records by The Superior Court of Washington held that accident records compiled by state police were not protected information pursuant to 23 U.S.C. § 409. Plaintiff Michael Gendler filed suit alleging the Washington State Patrol denied him accident reports in violation of …
Article • May 15, 2011
Summary Judgment for Michigan DOC Denied In Kosher Meal Suit by A Michigan federal district court ruled that the question of whether a prison's policy is a "less restrictive" means of determining a prisoner's religious sincerity before allowing a Kosher diet is a question of fact precluding summary judgment. Michigan …
Article • May 15, 2011
$210,385.00 Settlement in Pierce County, Washington Prisoner’s Death by Washington State’s Pierce County paid $210,385.00 to settle a wrongful death suit in a prisoner’s death. Edward J. Devereux was booked into the Pierce County Jail on June 13, 2003. He was seen by Dr. V. G. Halarnaker on June 23, …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Prison Pays: Geo Corp Profits from Half-Way House Murder and Mayhem in Texas by Craig Malisow Despite a history of abuse and bad conditions, private-prison corporation GEO Group keeps getting contracts in Texas by Craig Malisow Anthony Ferrell left the Ben A. Reid halfway house in northeast Houston on October …
Article • May 15, 2011 • from PLN May, 2011
From the Editor by Paul Wright Welcome to the 21st anniversary issue of Prison Legal News. Since we started publishing 21 years ago, one thing has remained constant: prison and jail officials really don’t like PLN and try their best to censor us. The first three issues of PLN were …
Felon Disenfranchisement Statute Does Not Violate Voting Rights Act by Brandon Sample The good news for Washington state prisoners wanting to restore their voting rights? The state’s felon disenfranchisement statute violates the Voting Rights Act (VRA), a panel of the U.S. Court of Appeals for the Ninth Circuit held on …
Sixth Circuit OK’s Federal Judge’s Membership in Racist and Sexist Country Club by On April 8, 2011, on a vote of 10 to 8, the Judicial Council of the Sixth Circuit Court of Appeals adopted the recommendation of the Council’s Standing Investigating Committee and dismissed a complaint filed against a …
Article • May 15, 2011 • from PLN May, 2011
California: Continued Resistance Among Prisoners and Prison Officials Alike Slows Attempts to End Housing Segregation by Michael Brodheim by Mike Brodheim Five years after the U.S. Supreme Court held in Johnson v. California, 543 U.S. 499 (2005) [PLN, July 2005, p.22; April 2004, p.40] that California’s policy of housing prisoners …
Article • May 15, 2011 • from PLN May, 2011
Ninth Circuit Rules PLRA Requires Exhaustion Even if Prison Grievance Process Cannot Provide Monetary Relief by The Ninth Circuit Court of Appeals affirmed the dismissal of a California prisoner’s Eighth Amendment damages claim due to his failure to exhaust administrative remedies. In June 2003, Bruce Alan Morton was assaulted in …
Article • May 15, 2011 • from PLN May, 2011
Inadequate Medical Care in Texas Jails Kills Hundreds of Prisoners by Matthew Clarke by Matt Clarke According to information provided by the Texas attorney general’s office, 282 prisoners died due to medical causes in county jails run by the state’s 254 sheriff’s departments between January 2005 and September 2009. That …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Commentary/Reviews, Reviews
Texas Tough: The Rise of America’s Prison Empire, by Robert Perkinson, Metropolitan Books/Holt, 484 pp (October 2010), $20.00 paperback by Lance Tapley Book Review by Lance Tapley Why did middle-class liberals, historically in the forefront of compassionate social reform, allow, with nary a peep, the construction of our prison colossus? …
Brief • May 13, 2011
Worley v Franklin County Oh Complaint Taser Use Force Strip Searches 2011 Case: 2:11-cv-00415-MHW-EPD Doc #: 1 Filed: 05/13/11 Page: 1 of 35 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION MICHAEL WORLEY, Individually, : Case No. 2:11-cv-415 ROBERT SHREVE, Individually, : Judge: FRANKIE MOSLEY, …
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