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Article • April 15, 2011
Library Purge Deemed Unconstitutional by On October 16, 2000, West Virginia prisoner Roger Cline filed suit against William Fox who was the warden at St. Mary’s Correctional Center, the facility where Cline was housed. The complaint was filed pursuant to 42 U.S.C. § 1983 accusing Fox and his staff of …
Article • April 15, 2011
Medical Malpractice Damages Caps Unconstitutional in Illinois by On February 4, 2010, the Illinois Supreme Court filed its opinion invalidating Public Act 94-677 (Act) and, more specifically, section 2-1706.5 of the Code of Civil Procedure, which sets caps on noneconomic damages in medical malpractice suits. This appeal stems from a …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011
Texas Prisoner Granted Conditional Mandamus Relief by In a 2-1 split decision filed on November 26, 2008, a Texas appellate court granted in part a prisoner’s petition for writ of mandamus filed after a district Judge refused to file a lawsuit filed by the prisoner, Gordon Simmonds. Citing Chapter 14 …
Article • April 15, 2011
Stabbed D.C. Prisoner Settles Suit for $5,500 by On November 9, 2000, the District of Columbia paid $5,500 to settle a lawsuit filed by prisoner Keith Starr, in which Starr alleged the District was negligent in failing to provide adequate safety at the Maximum Security Facility in Lorton, Virginia. Starr …
State Law Registration Requirements Trigger SORNA by On December 15, 2009, the U.S. Court of Appeals for the Eleventh Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA). David Griffey was convicted of a sex offense in Illinois, but later moved to Alabama after …
Article • April 15, 2011
Summary Judgment for BOP in FOIA Case Granted by On January 27, 2010, U.S. District Judge Rosemary M. Collyer granted summary judgment for the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit wherein the prisoner sought records related to a former BOP guard who was terminated …
Article • April 15, 2011
Taser Constitutes “Intermediate Force”; Law not Clearly Established on Taser Use, Ninth Circuit Decides by The development of a Taser constitutes “intermediate” force, the U.S. Court of Appeals for the Ninth Circuit decided June 18, 2010. Carl Bryan sued a Caranado, California cup, the city of Caranado after he was …
Article • April 15, 2011
$5,000 Settlement in DC Prisoner’s Stabbing by The District of Columbia (DC) paid $5,000 to settle the negligence suit of prisoner John S. Darrell for injuries sustained from being stabbed. While at DC’s Central Facility on November 3, 2000, Darrell was brutally attacked and stabbed by other prisoners. He sustained …
Article • April 15, 2011
Class Action Settlement Reached on Dysentery Lawsuit by The District of Columbia settled a prisoner class action lawsuit after a large population of jail prisoners developed shigellosis, a bacterial illness, due to a malfunctioning dishwasher in the jail. At the D.C. jail in late January through early February, 1996, 616 …
Article • April 15, 2011
Utah Prisoner’s Administrative Confinement May be Unconstitutional by The Tenth Circuit Court of Appeals has held that a prisoner’s arbitrary placement in administrative segregation may constitute an “atypical and significant hardship on the prisoner in relation to the ordinary incidents of prison life.” Utah prisoner Paul Richard Payne filed a …
Article • April 15, 2011
Violent Oregon Prisoner Murders Colorado Prisoner by In March 1993, Kevin Carl Lust shot his second wife to death in Washington, then drove to Portland, Oregon and shot his former fiancée four times with a shotgun. He pleaded guilty to both murders and was sentenced to life without parole. He …
Article • April 15, 2011
Washington Court of Appeals Upholds Civil Commitment’s Conviction for Assault by The Division II Court of Appeals for the State of Washington has affirmed the assault conviction of a civilly committed man. Bob Pugh assaulted a King County Sheriff’s Department officer while he was being escorted from the McNeil Island …
Article • April 15, 2011
Washington DOC Agrees to Pay $965.44 After Woman’s Car Was Struck by Debris by On December 14, 2005, the Washington Department of Corrections (DOC) Agreed to pay $965.44 to a woman whose car was damaged after a piece of particle board fell out of a DOC truck. On October 21, …
Article • April 15, 2011
First Circuit Enters Stay to District Court Proceedings Following Interlocutory Appeal by On August 4, 2010, the U.S. Court of Appeals for the First Circuit stayed district court proceedings in a 42 U.S.C. § 1983 suit following an interlocutory appeal by three Boston police officers who were sued in their …
Article • April 15, 2011
A Convict's Odyssey - The journey of Mark Clements, a victim of torture by former Chicago PD officer Jon Burge by Steve Bogira A Convict's Odyssey When he was 16, Mark Clements talked his way into four life sentences. Twenty-eight years later, he talked his way out. By Steve Bogira …
Nationwide PLN Survey Examines Prison Phone Contracts, Kickbacks by John Dannenberg by John E. Dannenberg An exhaustive analysis of prison phone contracts nationwide has revealed that with only limited exceptions, telephone service providers offer lucrative kickbacks (politely termed “commissions”) to state contracting agencies – amounting on average to 42% of …
Some Agencies Balk at Releasing Prison Phone Data by Michael Rigby by Mike Rigby It is common knowledge among PLN readers that prison and jail phone rates are priced far above those in the free world. But just how overpriced are they? What is the average kickback (commission) rate provided …
Article • April 15, 2011 • from PLN April, 2011
From the Editor by Paul Wright The gouging of prisoner’s families and friends by prison and jail officials and the telephone industry is a well-known phenomenon but also one that is fairly recent. Telephones were not introduced into prisons and jails until the 1970s (the state of Texas was the …
New Research: Why Innocent People Confess to Crimes They Did Not Commit by Derek Gilna A September 2010 article in the New York Times highlighted an interesting phenomenon that has become more evident in an era where DNA evidence is available to help conclusively prove guilt or innocence – the …
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