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Article • June 15, 2006 • from PLN June, 2006
Filed under: Work, Prison Labor
Unpaid Prisoners Clean Up Rita Ravaged Southeast Texas by With few federal funds headed for areas of Southeast Texas devastated by Hurricane Rita, state officials are using the free labor of Texas prisoners to augment clean up efforts. As of January 30, 2006, prisoners from the Larry Gist State Jail …
Estate of Pennsylvania Prisoner Killed By Wexford Health Sources Settles Suit for $2.15 Million by Michael Rigby Wexford Health Sources and the Commonwealth of Pennsylvania have agreed to pay $2.15 million to the family of an asthmatic prisoner who died after her medication was denied at the State Correctional Institution …
Michigan Youth Prison Closed But Problems Continue by Michael Rigby During its six years of operation, the Michigan Youth Correctional Facility has been criticized over abuse, suicide attempts, and a policy of filling beds at the maximum-security prison with low level offenders. But even after its closure, the privately run …
Article • June 15, 2006 • from PLN June, 2006
Love Letter Mail Scam Nets Ten Prisoners $221,000 and Fed Time by On October 4, 2005, Karen Ann Erdely, 40, a Pennsylvania state prisoner, was sentenced to the maximum term of five years in federal prison for conspiracy to commit mail fraud. The federal court found that she was the …
Article • June 15, 2006 • from PLN June, 2006
Filed under: Sanctions, Visiting
Michigan DOCs Visitation Ban for Substance Abuse Upheld by Michigan DOCs Visitation Ban for Substance Abuse Upheld The Sixth Circuit Court of Appeals has held that a Michigan federal district court erred in refusing to dissolve its injunction ordering the Michigan Department of Corrections (MDOC) visitation limitations violated the due …
Article • June 15, 2006 • from PLN June, 2006
Maryland ALJ Faults Arbitrary Transfer/Medical Order Violation by A Maryland Administration Law Judge (ALJ) held that the Maryland Division of Correction (MDOC) violated a Settlement Agreement and acted arbitrarily, capriciously and in violation of law by transferring a prisoner. The ALJ also found the refusal to provide ordered medical devices …
GEO Buys CSC After Settling $38.8 Million Judgment in Texas Boot Camp Death by Correctional Services Corporation (CSC) has settled a $38 million judgment that held the company responsible for the 2000 death of Bryan Dale Alexander, an 18 year old prisoner at a Texas boot camp. The terms are …
California Prison Excessive Force Death Suit Settled For $850,000 by A Corcoran State Prison prisoner whose psychotropic medications had not been renewed for 20 days died from excessive force used to subdue him when he suffered withdrawal symptoms. On November 4, 2005, California settled his parents civil rights wrongful death …
Article • June 15, 2006 • from PLN June, 2006
Washington DOC Pays Again for Flaunting Open Records Law by The Washington Department of Corrections (WDOC) has agreed to pay $65,000 to a state employee who claimed prison officials rejected his attorney’s request for electronic records, instead insisting on providing 38,000 pages of expensive hard copies that would have cost …
Article • June 15, 2006 • from PLN June, 2006
Illinois DOC Seeks to Block Ex-Wardens Benefits by Matthew Clarke Illinois DOC Seeks to Block Ex-Wardens Benefits by Matthew T. Clarke On September 13, 2005, the Illinois Department of Corrections (DOC) filed an appeal of a workers compensation arbitrators decision to grant ex-prison warden William Barham permanent total disabilities benefits. …
Article • June 15, 2006 • from PLN June, 2006
Filed under: PLRA, Attorney Fees (PLRA)
PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police by PLRAs 150% Attorney Fee Cap Applied in Nominal Damages, Non Prison Case Against Police The Tenth Circuit Court of Appeals, sitting en banc, has reversed a panel ruling holding that the Prison Litigation Reform Act …
Article • June 15, 2006 • from PLN June, 2006
Dismissal of the Publisher/Approved Vendor Only Challenge Reversed by The Sixth Circuit Court of Appeals reversed a district courts sua sponte dismissal of a Michigan prisoners claims that rejection of a religious publications violated the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). On November 1, …
Article • June 15, 2006 • from PLN June, 2006
California Ban On Sexually Explicit Materials Upheld by The California Court of Appeal upheld the denial of a state prisoners petition for writ of mandate seeking (1) rescission of California prison regulation 15 CCR § 3006 (c) (17) [proscribing possession of explicit sexual images], and (2) a declaration that the …
Article • June 15, 2006 • from PLN June, 2006
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
§ 1997e(e) Governs First Amendment Claims in Fifth Circuit by The Fifth Circuit Court of Appeals upheld a district courts dismissal of a pro se prisoners §1983 action, as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e). The court …
PLRA Does Not Apply to Released Prisoner by In remanding for further proceedings, the Tenth Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to persons not imprisoned when the suit is filed. Before the Tenth Circuit was the …
Article • June 15, 2006 • from PLN June, 2006
Qualified Immunity Denied in Illinois Jail Rape Case by The Seventh Circuit Court of Appeals affirmed the denial of qualified immunity for failing to protect a pretrial detainee from being raped by his cellmate. In 1999, David Velez was confined in the Milwaukee County, Wisconsin Jail. In late August, Velez …
Alabama Supreme Court Sidesteps Merits of Suit Challenging Contracted Prison Labor by The Alabama Supreme Court denied class certification and sidestepped ruling on the merits of a prisoners claim that prison officials illegally contracted out his labor to a private company. Before the Court was the appeal of prisoner Darrell …
SJ Reversed on Delaware Detainee Triple-Celling Claim; Due Process, Not Eighth Amendment Controls by The Third Circuit Court of Appeals held that a Delaware District Court improperly analyzed a conditions of confinement claim brought by pre-trial detainees under the Eighth Amendment, rather than the Due Process Clause of the Fourteenth …
Article • June 15, 2006 • from PLN June, 2006
Washington Community Placement Condition Barring Pornography Unconstitutionally Vague by Washington Community Placement Condition Barring Pornography Unconstitutionally Vague The Washington Court of Appeals held that a condition of community placement prohibiting possession or perusal of pornography without prior probation officer approval was unconstitutional. Richard Sansone was sentenced to prison and community …
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