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Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • October 15, 2008 • from PLN October, 2008
Ten Michigan Lawyers Honored For 8-Year Effort To Win $30 Million Damages For 10 Women Prisoners’ Sexual Abuse By Prison Guards by John Dannenberg by John E. Dannenberg Ten Michigan attorneys were awarded two different awards by two national attorney professional associations. The attorneys received the National Lawyers Guilds’ coveted …
Article • October 15, 2008 • from PLN October, 2008
$305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample $305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample A Missouri prisoner was awarded $305,021 after being struck by a tree. In February 2000, Hortense Cain, a female prisoner …
Beecham v. City of West Sacramento, CA, Motion for Partial Summary Judgment, Police Excessive Force, 2008 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 1 …
Jewel v. National Security Agency, et. al., CA, Complaint, Jury Demand, Illegal Surveillance, 2008.pdf 1 1. Plaintiffs, on behalf of themselves and a class of similarly situated persons, bring this 2 action and allege upon personal knowledge and belief as to their own acts, and upon information and 3 4 …
Article • September 15, 2008 • from PLN September, 2008
New York Prisoner Awarded $21,500 for Finger Injury by On September 13, 2007, a court of claims in Syracuse, New York, awarded $12,500 to a state prisoner for pain and suffering related to a broken finger. While imprisoned at the Oneida Correctional Facility on October 24, 2001, state prisoner Patrick …
Millions Paid in Mississippi Jail Deaths; Ten Guards Sentenced for Abuses; Corruption Continues by Bob Williams “The house always wins,” Warden Don Cabana proclaimed to the Sun Herald, a Mississippi newspaper, in July 2007. However, Harrison County, home of the Harrison County Adult Detention Center (ADC), has agreed to pay …
Article • September 15, 2008 • from PLN September, 2008
California “Restitution Center” Prisoner’s Suit for Underpayment Certified as Class Action by Marvin Mentor A prisoner housed at a “restitution center” who spent two years working in the community sued the California Department of Corrections and Rehabilitation (CDCR) for failure to reimburse her work-related expenses per state statute, or to …
PLN Wins Kansas Censorship Suit by Michael Rigby by Michael Rigby On October 1, 2007, in a lawsuit filed by Prison Legal News (PLN), the U.S. District Court for the District of Kansas held that a Kansas prison policy limiting the amount of money prisoners can spend on publications, a …
Article • August 15, 2008 • from PLN August, 2008
Filed under: CMS, Medical, Skin, Hepatitis, Limitations
CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner by The federal district court in Delaware has held that Correctional Medical Services (CMS), the medical provider for the Delaware Department of Corrections (DDOC), was deliberately indifferent to a prisoner’s medical needs. The ruling should come as no …
Retaliation Claim Not Barred by Heck by The Sixth Circuit Court of Appeals has held a prisoner’s 42 U.S.C. § 1983 action is not barred when a victory for the prisoner “would have at most the potential to decrease his period of detention,” in a case where the prisoner “alleged …
Article • August 15, 2008 • from PLN August, 2008
“Defense of Another” Not Applicable to Prison Disciplinary Defense by The Seventh Circuit Court of Appeals held that it is no defense to a prison disciplinary charge for battery that the blows were struck to prevent the further stabbing of a third person. Aaron B. Scruggs, an Indiana state prisoner, …
Article • August 15, 2008
West Virginia Police Internal Affairs Investigation Reports are Conditionally Discoverable in Civil Actions by Donald McClay, a West Virginia state prisoner, was assaulted by an unidentified state trooper while under arrest for illegally registering to vote. He filed a complaint which was investigated by the state police Internal Affairs. McClay …
Article • August 15, 2008
Wyoming Criminal History Records May Only Be Disseminated to Law Enforcement Agencies for Investigatory Purposes by Upon the request of the Wyoming state Director of the Criminal Identification Division (CID), the state Attorney General (AG) issued Opinion lc. 85-008 explaining to whom and for what purpose the CID could disseminate …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Grant of Out-of-Time Appeal in Texas Allows Filing of Motion for New Trial by On January 24, 2007, the Texas Court of Criminal Appeals (CCA) held that, when it grants a habeas petitioner relief in the form of an out-of-time appeal, the defendant may file a motion for new trial …
Article • August 15, 2008
Delaware FOIA Prohibits Disclosure of Records to Prisoner by The Supreme Court of Delaware has held that prisoners do not have a right to access their central files maintained by the Department of Corrections under the Delaware Freed of Information Act (FOIA). The Court held that 11 Del. §4322 specifically …
Article • August 15, 2008
Delaware Newspaper Entitled to Police Info, Fees by The Supreme Court of Delaware has held that a Superior Court abused it’s discretion by deciding issues in a Delaware Freedom of Information (FOIA) case and applied an incorrect legal standard. The News Journal sought information from the Delaware Criminal Justice Information …
Article • August 15, 2008
Delaware Public Defender Has No Standing Under State FOIA by The Superior Court of Delaware, New Castle, has held that the office of the Public Defender does not have standing to make requests under the Delaware Freedom of Information Act (FOIA). The Public Defender submitted a FOIA request to the …
Article • August 15, 2008
District Judge Orders Measures To Ease New Jersey Jail Overcrowding by Prisoners in the Monmouth County Correctional Institution, a New Jersey county jail, filed suit alleging unconstitutional living conditions due to overcrowding. A district judge assigned a special master to investigate. The special master found serious overcrowding which caused problems …
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