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Article • September 15, 2006 • from PLN September, 2006
From the Editor by Paul Wright This issue reports positive developments we have acheived in two lawsuits, one against the Washington Department of Corrections and the other against the federal Bureau of Prisons. Both cases have taken a lot of time and energy on the part of both PLN staff …
Article • September 15, 2006 • from PLN September, 2006
Florida Guards a Day Late and a Dollar Short with Failure to Exhaust Defense; $180,000 Verdict Upheld by Florida Guards a Day Late and a Dollar Short with Failure to Exhaust Defense; $180,000 Verdict Upheld Carlos Green, a Florida state prisoner, sued five guards and former Florida DOC director James …
Brownsville Texas Border Corruption Continues by Gary Hunter Coronado Cantu took over the Cameron County Sheriff's office in January 2001. He took up residence inside the Texas jail in June 2005. Cantu was charged with heading a crime ring that included drug trafficking, extortion and prostitution of female prisoners. Animo …
A Captive Audience For Salvation by Jane Lampman A for-profit prison company stirs hope - and church-state issues - pursuing partnerships with Evangelical Christian ministries. NASHVILLE, TENN. - America has the highest incarceration level in the world, and its prisons serve too consistently as revolving doors. Are faith-based programs in …
Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights by Daniel Manville Introduction1 For a number of years it seemed that rights …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA by John Dannenberg by John E. Dannenberg The U.S. Supreme Court held that before filing a 42 U.S.C. § 1983 complaint, a prisoner must first fully, properly and timely exhaust his administrative remedies. Specifically, as here, failure to …
Article • September 15, 2006 • from PLN September, 2006
Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal by Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal The Seventh Circuit Court of Appeals reversed a district court's dismissal of a civil committees failure to protect and …
Article • September 15, 2006 • from PLN September, 2006
Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits by The Oklahoma Legislature has enacted a law that prohibits former prisoners from bringing a civil action unless the prisoner has exhausted all administrative remedies. To PLNs knowledge, this is the first law of its kind. The legislation, which was signed …
Article • September 15, 2006 • from PLN September, 2006
Filed under: News, News in Brief
News in Brief: by California: On July 20, 2006, about 100 prisoners at the California Institution for Men in Chino rioted in Borrego Hall in the Reception Center West. The fight was between white and Hispanic prisoners. No guards were injured and order was quickly restored using pepper spray. Canada: …
$470,000 Paid in Pennsylvania Jail Prisoners Seizure Related Death by $470,000 Paid in Pennsylvania Jail Prisoner's Seizure Related Death The Estate of a Pennsylvania prisoner has settled its civil rights action alleging Eighth and Fourteenth Amendment violations for the wrongful death of Virginia Brejcak, 42, at the Bucks County Correctional …
$500,000 CCA Escape/Hostage Damage Award Upheld by The Tennessee State Court of Appeals upheld a $500,000 compensatory damage award against Corrections Corporation of America (CCA), to a woman who was taken hostage by an escaped CCA prisoner. Mike Settle was a prisoner at Hardeman County Correctional Facility (HCCF), a CCA …
Article • September 15, 2006 • from PLN September, 2006
Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E Dannenberg Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights by John E. Dannenberg The U.S. Supreme Court held that the Pennsylvania Department of Corrections (PDOC) policy of banning its …
CSC Alien Abuse Class Action Settled for $2.5 Million by On August 10, 2005, a federal court in New Jersey approved a settlement in Brown v. Esmor Correctional Services Inc., USDC No. 98-1282 (DNJ). Esmor Correctional Services Inc. (Esmor) later known as Correctional Services Corporation (CSC), agreed to pay the …
Supreme Court Says No to Trial by Military Commission for Gitmo Prisoners by Matthew T. Clarke On June 29, 2006, the Supreme Court held that prisoners being held in the military concentration camp prisons at Guantanamo Bay, Cuba (Gitmo), could not be tried by the special military tribunals set up …
No Room in Prison? Ship Em Off Prisoners have become unwitting pawns in a lowest-bidder- gets-the-convict shuffle game by Silja JA Talvi No Room in Prison? Ship Em Off Prisoners have become unwitting pawns in a lowest-bidder- gets-the-convict shuffle game by Silja J.A. Talvi It has been an arduous, surreal …
U.S. Government Settles 9-11 Detainee Abuse Suit for $300,000 by Matthew T. Clarke In a document filed February 27, 2006, the U.S. government agreed to pay an Egyptian who was caught up in the post-9-11 sweep and detained for a year at the Brooklyn Metropolitan Detention Center (MDC) $300,000 to …
Article • September 15, 2006 • from PLN September, 2006
Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct by Michael Rigby On April 6, 2005, a judge in the U.S. District Court for the Western District of Texas levied a $500 sanction award against two Assistant U.S. Attorneys for their unethical, unprofessional, and dishonest conduct in a prisoner …
Nevada Summary Judgment for Non-Exhaustion Reversed by The Nevada Supreme Court reversed a lower court's grant of summary judgment on a former prisoner's suit for failing to exhaust administrative remedies. Nevada Department of Corrections (NDOC) prisoner George Simmons was brutally beaten by another prisoner on April 14, 1997. He sustained …
Article • September 15, 2006 • from PLN September, 2006
Widespread Prisoner Labor Abuse Requires Reform by Gary Hunter Lonoke Mayor Thomas Privett and police Chief Jay Campbell were caught abusing the state's prisoner work program. Arkansas Department of Corrections requested, in early August 2005, that the program be suspended after learning that state prisoners had been used to repair …
Article • September 15, 2006 • from PLN September, 2006
New York Strip-Search Suit Settled for $1.7 Million by A federal class action suit, challenging a New York jail's blanket misdemeanor strip-search policy has been settled for $1,783,670.20. Timothy Maneely brought suit in federal court, challenging the City of Newburgh, New York policy of strip searching all arrestees without reasonable …
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