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Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Article • April 15, 2006 • from PLN April, 2006
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi by Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Article • April 15, 2006 • from PLN April, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: On March 22, 2006, David Leyva, 24, a guard at the Pima county jail was arrested on charges that he conspired to possess an unidentified narcotic drug. Arkansas: On March 21, 2006, a brawl involving 12 prisoners that started over a bag …
Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by John E. Dannenberg Reversing the U.S. District Court (D. Colo.), the Tenth Circuit U.S. Court of Appeals held that a review of the record showed that female prisoners …
On Remand From Supreme Court, Sixth Circuit Reverses Judgment on Guard Retaliation Claim by The Sixth Circuit Court of Appeals, on remand from the United States Supreme Court, reversed a district courts grant of summary judgment to a prison guard on a First Amendment retaliation claim. Michigan prisoner Shakur Muhammad …
Washington Prison Staff Properly Fired For Sexually Assaulting Prisoner by Division 2 of the Washington State Court of Appeals (Div. 2) has affirmed the summary dismissal of a prison guards law-suit for wrongful discharge for sexual misconduct. James Shinn was captain of a ferry serving the McNeil Island Correction Center …
Article • April 15, 2006 • from PLN April, 2006
Filed under: Sentencing, Parole
Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John Dannenberg Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics …
Dismissal of Bivens Action for Non-Exhaustion Reversed by The Seventh Circuit Court of Appeals vacated a lower courts grant of summary judgment against a federal prisoner for failing to exhaust administrative remedies. Federal Bureau of Prisons (BOP) prisoner Curtis Dale was stabbed seven times by other prisoners on the recreation …
Article • April 15, 2006 • from PLN April, 2006
California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Tr by John Dannenberg California Probationers and Parolees Not Similarly Situated As To Eligibility For Prop. 36 Drug Treatment by John E. Dannenberg The California State Supreme Court held that Equal Protection claims as to parolees …
Article • April 15, 2006 • from PLN April, 2006
Sixth Circuit Requires Total Exhaustion Under PLRA; Decision Conflicts with Hartsfield by A panel of the Sixth Circuit joined the Eighth and Tenth Circuits in holding that the Prison Litigation Reform Act (PLRA) requires total exhaustion. One judge dissented, however, criticizing the majority opinion as being invalid for conflicting with …
Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons by Fair Labor Standards Acts Minimum Wage Provision Not Applicable to Private Prisons The Seventh Circuit Appeals Court affirmed a lower courts decision that held prisoners are not entitled to the minimum wage provision of the Fair Labor …
Brief • April 15, 2006
Tillman v. Florida Department of Corrections, FL, Request for Discovery, Wrongful Death, Failure to Protect, 2006 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION SHELLEY TILLMAN , Plaintiff, Case No. 4:09-cv-423-RH/WCS v. FLORIDA DEPARTMENT OF CORRECTIONS, et aI., Defendants. NOTICE OF SERVING PLAINTIFF'S FIRST …
Brief • April 14, 2006
Williams v. Clinch County, GA, Consent Decree, Jail Reimbursement Fees, 2006 Case 7:04-cv-00124-HL Document 71 Filed 04/14/2006 Page 1 of 11 FILED U.S. IJISTR!CT COURT IN THE UNITED STATES DISTRICT COURtpDLt: GEORGIA FOR THE MIDDLE DISTRICT OF GEO~PR 14 PH 2: ~ I VALDOSTA DIVISION (1 <~ DEPUTY CLERK • …
Brief • April 11, 2006
Howard v. CO DOC, CO, Grievance Form - Request for private post-sexual assault counseling denied, March 29, 2006 p.19 · Grievance N"nmbe NAME a:OWI\RD, Scott .L. nocNo. 123501 yeso No oo AVCF I Unit 05 ADA? 3 FACI:LITY FlU 01JT IDENTIFYINGDAT J.. LEGIBLY IN SPACE PROVIDED; CLEARLY STATE BASIS FOR …
Dittimus-Bey v. Taylor, NJ, Amended Complaint, Jail Conditions, 2006 Case 1:05-cv-00063-JBS-JS Document 60 Filed 03/31/06 Page 1 of 21 PageID: 248 TRUJILLO RODRIGUEZ & RICHARDS, LLC Lisa J. Rodriguez Nicole M. Acchione 8 Kings Highway West Haddonfield, NJ 08033 (856) 795-9002 Counsel for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF …
Cruz v. CCA, VT, Settlement, Lee riot guard beating, 2006 LANGROCK SPERRY & WOOL, LLP MIDDLEBURY BURUNGTON Michael W. Wool Mark L. Sperry Christopher L. Davis Thomas Z. Carlson Susan M. Murray Alison ). Bell Lisa B. Shelkrot Eric M. Knudsen David W. M. Conard ATTORNEYS AT LAW Peter F. …
Abrahamson v. CCA, CO, Complaint, Crowley riot failure to protect, 2006 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiff(s): JASON M. ABRAHAMSON, JARED ADAM, WILLIAM …
Abrahamson v. CCA, CO, Amended Complaint, Crowley riot failure to protect, 2006 DISTRICT COURT, COUNTY OF CR0 WLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 A COURT USE ONLY A Plaintiff(s): JASON M. ABRAHAMSON, JARED …
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