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Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Brief • December 4, 2008
McCall v. Rock Hill, MO, Planintiff Memo for Contempt, 2008 Case: 4:08-cv-00471-CEJ Doc. #: 32 Filed: 12/04/08 Page: 1 of 4 PageID #: 107 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CURTIS MCCALL, ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. CITY OF …
Article • November 15, 2008 • from PLN November, 2008
Colorado DOC Increases Legal Photocopy Fees 400 Percent by As if cutting prisoner wages 70 percent (from $2 per workday to $0.60 while providing nothing but one roll of toilet paper per week) was not enough, Colorado Department of Corrections executive director Aristedes Zavaras has ordered the facility law libraries …
$13.5 Million Florida Jail Strip Search Settlement by Florida’s Broward County Sheriff’s Office has agreed to pay $13.5 million to settle a lawsuit claiming it illegally strip searched prisoners charged with minor offenses. The settlement ends a class action filed in state court in 2002. Under the settlement, each class …
Article • November 15, 2008 • from PLN November, 2008
$145,000 Awarded to New York Prisoner Who Falls While Cutting Wet Grass by $145,000 Awarded to New York Prisoner Who Falls While Cutting Wet Grass A New York Court of Claims has awarded $145,000 in damages to a prisoner who slipped and fell on wet grass while mowing a hilly …
Article • November 15, 2008 • from PLN November, 2008
Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation by Alabama Federal Court Awards $538,178 in Attorney Fees and Expenses for Women Prison Conditions Litigation On August 31, 2007, an Alabama federal court awarded $484,406.35 in attorney fees and $53,771.79 in expenses to prisoners …
Article • November 15, 2008 • from PLN November, 2008
Hawaii Prisoner Awarded $20,000 in Slip and Fall Lawsuit by A Hawaii State Court has awarded a prisoner$20,000 for injuries incurred in a negligence claim stemming from a slip and fall, incident. While imprisoned at the Halawa High Security Facility on January 26, 2006, Joseph Sampiao was walking down the …
BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement by BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement The Second Circuit Court of Appeals held that a federal prisoner’s administrative tort claims did not satisfy the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA), but …
Trifecta for Michigan DOC: Three Reports Find Deficient Prison Medical Care by David Reutter Trifecta for Michigan DOC: Three Reports Find Deficient Prison Medical Care by David M. Reutter From the advent of federal oversight of medical services for Michigan prisoners, the focus has been on three Michigan Dept. of …
Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matthew Clarke Fondled Hawaiian Transexual Prisoner Awarded $817,500 in Damages and Attorney Fees by Matt Clarke On March 18, 2008, Hawaiian First Circuit Court Judge Sabrina S. McKenna awarded a pre-operative transgendered prisoner who had been sexually abused …
Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Houston District Attorney Caught in E-mail Scandal, Resigns, Held in Contempt by Gary Hunter Racist jokes, sexually explicit photos, love notes to his mistress and evidence of improper political campaigning were found in the e-mail account …
Prison Legal News Prevails in Tennessee Public Records Suit Against CCA by Prison Legal News Prevails in Tennessee Public Records Suit Against CCA In 2002, the Tennessee Supreme Court ruled that a private company which performed services that were “functionally equivalent” to those provided by a public agency had to …
TASER International’s Stock Shocked By $6.2 Million Damages Award by John Dannenberg TASER International’s Stock Shocked By $6.2 Million Damages Award by John E. Dannenberg The stock of TASER International, Inc. tanked by 11% to $6.13 per share on June 9, 2008 when three days earlier a federal jury in …
Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell by Michigan Jail Pays $145,000 for Vindictively Exhibiting Naked Detainees in Segregation Cell Four former male and female pre-trial detainees sued the Saginaw County, Michigan jail for an outrageous disciplinary policy that forced them to sit in a …
Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions by Excessive Force Suit Against Illinois Guards Must be Retried, Allowing Evidence of Guards’ Actions The Seventh Circuit U.S. Court of Appeals held that a prisoner who sued guards for allegedly brutally injuring him during an …
Article • October 15, 2008 • from PLN October, 2008
Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes by Bill Introduced to Exempt Wrongfully Convicted from Federal Income Taxes On December 6, 2007, U.S. Senators Charles E. Schumer (D-NY) and Sam Brown (R-KS) introduced a bill to exempt wrongfully convicted former prisoners from having to pay federal income …
Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David Reutter Alabama Jail Guard Fired, Convicted, Held Civilly Liable in Prisoner’s Assault by David M. Reutter In a rare conclusion to a guard’s violent attack on a prisoner, a Jefferson County, Alabama jail guard was fired, prosecuted, …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals upheld a …
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