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Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
PLN Sues The Geo Group for Public Records by On Dec. 2, 2005, Prison Legal News filed a civil suit against The Geo Group, Inc. (formerly Wackenhut Corrections) in the Circuit Court for Palm Beach, Florida, demanding access to public records held by the company. The Geo Group is a …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • December 15, 2005 • from PLN December, 2005
Louisiana Prisoners Obscenity Conviction for Masturbation Vacated by The Louisiana Court of Appeals vacated a prisoner's obscenity conviction and sentence for masturbating in a public shower, within view of a female guard. Louisiana prisoner, Bobby Holmes, was charged with two counts of obscenity in violation of La.R.S. 14:106. The first …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
Article • December 15, 2005 • from PLN December, 2005
No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …
Article • December 15, 2005 • from PLN December, 2005
Court May Infer Deliberate Indifference from Obviousness of Risk by The Seventh Circuit Court of Appeals vacated a district court's grant of summary judgment to prison officials in a prisoner's claim that officials were deliberately indifferent to his safety when they had him strip insulation from a live 480-volt wire …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Washington S.Ct. Upholds Persistent Prison Misbehavior Statute by In a 54 decision, the Washington State Supreme Court upheld a law that makes it a felony for a Washington prisoner to commit a serious prison infraction after losing all potential earned early release credits. The majority concluded that the statute was …
Seventh Circuit Reverses Dismissal of Retaliation Claim by The Seventh Circuit Court of Appeals reversed a district court's dismissal of an Illinois prisoner's retaliation claim. On January 17, 2003, Illinois prisoner Robert Hoskins worked in the Dixon Correctional Center (Dixon) cafeteria when Food Services Supervisor Connie Lenear called him a …
Seventh Circuit Upholds $56.5 Million Jail Murder Verdict by The Seventh Circuit Court of Appeals upheld a $56.5 million jury verdict against former jail guards who murdered a pretrial detainee. This is the largest verdict for abuses against a single victim in an American jail/prison case that we are aware …
Dismissal of §1983 Complaint Against Ohio CCA Prison Reversed by by Bob Williams The United States Court of Appeals for the DC Circuit has reversed the dismissal of a 42 U.S.C. § 1983 prisoner complaint against the CCA facility at Youngstown, Ohio, finding the complaint did state a claim of …
Article • December 15, 2005 • from PLN December, 2005
California Youth Prison Superintendent by California Youth Prison Superintendent Removed For Using Unreasonable Force The Superintendent of a California youth prison was permanently removed from his position for using unreasonable force against a ward, and then not reporting it. Steve Kruse, Superintendent at the N.A. Chaderjian Youth Correctional Facility in …
Florida Awards Contracts Putting Sex Offenders on GPS Supervision; Other States to Follow by The Florida Department of Corrections (FDOC) has awarded three contracts for Global Positioning System (GPS) satellite monitoring of sex offenders. The contracts come on the heels on legislation that allocated $3.9 million over a three-year period …
Controversial Ex-Prison Official Lane McCotter Appointed Utah J.P. by Lane McCotter, once the director of the Utah Department of Corrections, has been appointed to a justice of the peace bench in Utah. The McCotter era remains a high-point of prison violence in Utah's history cumulating in the death of a …
Article • December 15, 2005 • from PLN December, 2005
Politics Keeps Arizona Clemency Approvals Rare by by John E. Dannenberg Only seven Arizona prisoners were granted clemency in 2004, four of whom were on their death beds. This gaunt statistic is the natural progression resulting from Arizona's abolishing parole a decade ago, replacing justice with politics in the form …
Article • December 15, 2005 • from PLN December, 2005
Wrongfully Convicted Kentucky Man Wins $590,000 Judgment Against Defense Attorney by On June 3, 2004, a Louisville, Kentucky, jury awarded $590,000 to a wrongfully convicted man who spent two years in prison because his defense counsel was negligent. Plaintiff Gary Puckett and his mother Peggy Puckett were at their home …
Article • December 15, 2005 • from PLN December, 2005
85 Year-Old California Prison Doctor Wins $20 Million For Age Discrimination by The chief physician and surgeon at California State Prison, Lancaster, still practicing medicine at age 85, successfully sued the California Department of Corrections (CDC) for age discrimination when CDC forced him to retire. On July 18, 2005, a …
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