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Article • December 15, 2006 • from PLN December, 2006
Ninth Circuit: Total Exhaustion-Dismissal Rule Not Required Under PLRA by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoners 42 U.S.C. § 1983 suit against prison officials should not be summarily dismissed under the Prison Litigation Reform Act (PLRA) 42 U.S.C. § …
Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams Seventh Circuit Rejects Total Exhaustion Rule for § 1983 Complaints by Bob Williams The United States Court of Appeals for the Seventh Circuit vacated the dismissal of a prisoners amended complaint, finding prior exhaustion putting the state …
Sixth Circuit Reverses Dismissal of ETS/Retaliation Claims by The Sixth Circuit Court of Appeals reversed a 28 U.S.C. § 1915A(10)(1) dismissal of an environmental tobacco smoke (ETS) claim filed by a Tennessee prisoner, concluding that the plaintiff alleged sufficient facts to state a cognizable Eighth Amendment claim. The appeals court …
Sixth Circuit Upholds $34,000 Retaliation Verdict; New Trial & No Recusal Not Abuse of Discretion by The Sixth Circuit Court of Appeals affirmed a lower court's order granting a new damages trial on a prisoner's retaliation claim. The appellate court also upheld the district judge's refusal to recuse himself. Ernest …
Article • December 15, 2006 • from PLN December, 2006
Filed under: News, News in Brief
News in Brief: by Arizona: On July 10, 2006, Kevin Peltier, 30, was sentenced to 10 years in state prison for participating in the fatal beating of Mojave county jail prisoner Peter Deakin. Jereme Cosby, the alleged leader of the beating was sentenced to life in prison for the beating. …
Seventh Circuit Discusses Administrative Exhaustion by The Seventh Circuit Court of Appeals has held that a prisoners amended complaint was the functional equivalent of a new complaint, and that new claims that were administratively exhausted after the original complaint was filed satisfied the Prison Litigation Reform Acts (PLRA) exhaustion requirement. …
Article • December 15, 2006
Failure to Treat Rectal Cyst For 30 Months States Claim by The plaintiff had a cyst near his rectum. One doctor refused to examine him despite his complaints of pain. A second doctor said the cyst needed to be "lanced out" but did not do anything except provide medication for …
Private Prison Execs Win Big While Guards and Prisoners Lose Out by Michael Rigby Many of the problems associated with imprisonment in the U.S. high staff turnover, prisoner neglect and abuse, and the introduction of contraband by employees, for example can be attributed to the paltry salaries and few benefits …
Article • December 15, 2006 • from PLN December, 2006
Habeas Hints by Kent A. Russell Habeas Hints: Supreme Court Term 2005-2006 by Kent Russell This column is intended to provide habeas hints to prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under …
How to Exit Californias Sexual Predator Prison: Refuse Treatment by John Dannenberg How to Exit California's Sexual Predator Prison: Refuse Treatment by John E. Dannenberg California, with 538 sexually violent predators (SVP) civilly committed at its Department of Mental Healths Atascadero State Hospital (ASH), has an efficacious five-step psychological treatment …
Article • December 15, 2006 • from PLN December, 2006
Wrongfully Imprisoned Wisconsin Man Awarded $400,000, Now Accused of Murder by Michael Rigby On February 14, 2006, a Wisconsin man who spent 18 years in prison for a rape he didnt commit settled his lawsuit against Manitowoc County for $400,000. Hell likely use the money to defend himself against a …
Article • December 15, 2006 • from PLN December, 2006
City Of Tulsa, Oklahoma, Settles Wrongful Imprisonment Claim For $12,250,000 by Michael Rigby The City of Tulsa, Oklahoma, will pay $12.25 million to settle with a man who spent 14 years in prison for a rape he did not commit, according to a settlement agreement filed in the U.S. District …
Article • December 15, 2006 • from PLN December, 2006
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Virginia Jail Disgraceful by Gary Hunter Richmond City Jail is in such bad shape newly elected Sheriff C.T. Woody called it a ...disaster. I knew it was bad, but I had no idea it was that bad, he said. On January 4, 2006 a report was issued detailing the deficiencies …
Article • December 15, 2006 • from PLN December, 2006
Deplorable Delaware Prisoner Health Care; Another Prisoner Death Results by by David M. Reutter Despite mainstream media pressure, public outcry, and a federal investigation, the Delaware Department of Corrections (DDOC) continues to keep its head in the sand about prisoner health care. Not surprisingly, it has resulted in another prisoner's …
Article • December 15, 2006 • from PLN December, 2006
Filed under: Medical, Medication, Staffing
Robotic Medicine Dispensers Pillage Jails Cost Savings by John Dannenberg Robotic Medicine Dispensers Pillage Jail's Cost Savings by John E. Dannenberg ROBOT, a $1 million automatic pill dispensing system installed at the Contra Costa County (California) jails in February 2005 and advertised to save the county $240,000, has so far …
Florida Boot Camps a Bust, Replaced by Less Fatal Programs by Gary Hunter A study of the Pinellas County, Florida boot camp for juveniles, requested by Sheriff Jim Coats, found the program to be a phenomenal failure. The study's results, reported in March 2006, revealed that 90 percent of boot …
Article • December 15, 2006 • from PLN December, 2006
Hate-Filled Religious Fanatics Find a Home in Kansas Corrections by Alex Friedmann Hate is a strong word. Many prison employees and DOC officials are contemptuous of or indifferent to the prisoners in their custody. Detention facility staff are sometimes negligent, retaliatory and even abusive,(1) but they seldom display a fanatical …
Article • December 15, 2006 • from PLN December, 2006
Florida Judge's Brother Receives Medical Furlough, Recuperates at Home by Florida Judge's Brother Receives Medical Furlough, Recuperates at Home The Florida Department of Corrections (FDOC) has sent one of its prison doctors to review if a prisoner should return to prison to heal from heart surgery. The prisoners connections have …
Article • December 15, 2006 • from PLN December, 2006
Filed under: Prison Industries, Medical, Food
Bacterial Contamination In Prison-Made Milk Fells 1,344 Prisoners and 14 Staff in 11 California Pris by John Dannenberg Bacterial Contamination In Prison-Made Milk Fells 1,344 Prisoners and 14 Staff in 11 California Prisons by John E. Dannenberg Between May 16 and May 23, 2006, a milk-borne illness caused by the …
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