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Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Dallas County Liable for Placing Suicidal Prisoner in Cell with Corded Phone by by Matt Clarke A Texas Court of Appeals has held that the state district court correctly denied Dallas County’s jurisdictional challenge and no-evidence motion for summary judgment in a suit involving the placement of a suicidal prisoner …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Prisoner Transferred Under ICC May Sue Under Diversity Jurisdiction by On April 24, 2006, the Tenth Circuit Court of Appeals held that a prisoner who had been transferred from Florida to Kansas may remain a citizen of Florida and still sue Kansas prison officials in federal court for violations of …
DC Circuit Rejects Waiver of Psychotherapist-Patient Privilege by The U.S. Court of Appeals for the District of Columbia (DC) held that a patient’s communications with his therapist were privileged and not subject to discovery. The Court found that there had been no implied or express waiver of the psychotherapist-patient privilege. …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Sixth Circuit: Second Filing Fee Not Required for Re-Filed Complaint Due to Failure to Exhaust by The Sixth Circuit Court of Appeals has reversed a Tennessee district court’s order of dismissal that erroneously considered a prison grievance procedure to be an available remedy for a prisoner’s classification-related complaint. The appellate …
Article • January 15, 2009
Iowa Court Holds Prison Chaplains At Taxpayer Expense Constitutional by Defendant Iowa State officials and plaintiff taxpayers appealed the provisions of an order enjoining the state from employing chaplains for prison based religious activity. The order was reversed. Taxpayers Delores Rudd and Charlotte Walker filed suit alleging that state paid …
Article • January 15, 2009
L.A. Documents Ordered Produced Regarding False Arrest And Prosecution by California State resident Raul Ramirez sought production of documents pertaining to his unlawful arrest and prosecution of a crime he was subsequently acquitted. The documents were for use in his 42 U.S.C. § 1983 action and were ordered produced with …
Article • January 15, 2009
Ruling On Represented Petitioners' Pro Se Motions Subject To Appellate Review by Texas prisoner Elmer Robinson sought review of the denial of his pro se motion for a new trial, filed while he was represented by appointed counsel. Remand was ordered to determine the nature of the denial. Robinson appealed …
Washington DOC Denied Qualified Immunity In Prisoner Beating by The Washington State Department of Corrections (DOC) motioned for summary judgment dismissal in a 42 U.S.C. § 1983 action brought by a state prisoner who was beaten at the Clallam Bay Corrections Center (CBCC) in 2002. The motion was granted in …
California Ex Deputy Sheriff's Incriminating Statements Not Protected Under POBRA by Ventura County (California) and it's sheriff's department (County) appealed an injunction preventing their use of statements made by ex deputy Michael Van Winkle who was under investigation for criminal activity. Van Winkle asserted that his statements were protected under …
California Police Officer's Disciplinary Records Ordered Produced In Excessive Force Case by The San Diego (California) Police Department (SDPD) sought review of an appellate court order to produce derivative information, discovered in an earlier case, regarding a police officer accused of using excessive force. The order was affirmed. Tariq Chambers …
Criminal Suspect Policeman's Photo And Address Not Protected From Press by A Michigan State Policeman's wife, Dorothy Bailey, appealed her 42 U.S.C. § 1983 dismissal after Port Huron Police Department personnel revealed her and her husband's personal information to the press. The dismissal was affirmed. Bailey and her inebriated husband, …
PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John Dannenberg PLN Attorneys Awarded $137,672 for Post-Settlement Work in CDCR Censorship Case by John E. Dannenberg On April 10, 2008, the U.S. District Court for the Northern District of California awarded $137,672 in supplemental legal fees and …
Article • December 15, 2008
ARE FALSE IMPRISONMENT RECOVERIES TAXABLE? by Robert Wood By Robert W. Wood* News stories about prisoners released from custody following the discovery of exculpating evidence have become commonplace. As CSI fans will attest, one path that can lead to this result involves DNA evidence, a relatively recent scientific phenomenon.1 A …
Nebraska Appeals Court: Failure to Exhaust Remedies Jurisdictional Defect by The Nebraska Court of Appeals held in this case that a prisoner's failure to exhaust his administrative remedies deprived the district court of jurisdiction over his civil rights lawsuit. On May 22, 2003, Dukhan Iqraa Jihad Mumin, a Nebraska prisoner, …
NIC Report: Wisconsin Jails Racist and Dangerous by Gary Hunter On January 31, 2008, the National Institute of Corrections (NIC) issued a 139-page report detailing numerous flaws in the Milwaukee, Wisconsin jail system. The Milwaukee House of Correction (HOC), the Community Corrections Center (CCC) and the County Jail Facility (CJF) …
Article • December 15, 2008 • from PLN December, 2008
CMS Insurer Must Pay Wyoming Suicide Settlement by CMS Insurer Must Pay Wyoming Suicide Settlement The Tenth Circuit Court of Appeals has held that an insurer is required to indemnify Correctional Medical Services (CMS) for an incident that occurred prior to CMS obtaining the insurance policy. The Court’s ruling came …
Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation by Jury Awards Indiana Prison Law Library Clerk $1,150 for Retaliation On April 3, 2008, a federal jury awarded $1,150 to a prison law library clerk in a lawsuit claiming retaliation by a prison librarian. Charles Watkins, a law clerk …
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