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Article • January 15, 2006 • from PLN January, 2006
Double-Celling Mentally Ill California Ad-Seg Prisoners Proves Fatal by When administratively segregated mentally ill prisoners were placed in the same cell at California State Prison, Los Angeles (LAC) in September, 2004, one strangled the other with a bed sheet. Upon investigating the death, the watchdog Office of the Inspector General …
Article • January 15, 2006 • from PLN January, 2006
Hawaii Prisoner Injured In Fight Awarded $25,427 by On February 1, 2005, a Hawaii court awarded $25,427.00 to a prisoner who claimed he was assaulted by another prisoner. Plaintiff Lael Samonte, 47, contended that while imprisoned at the Halawa Correctional Facility on May 22, 2002, he was attacked and knocked …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
Article • January 15, 2006 • from PLN January, 2006
Seventh Circuit Reverses § 1915(e)(2) Dismissal of Meritorious Complaint by by Bob Williams The U.S. Court of Appeals for the Seventh Circuit has reversed a Wisconsin Federal District Court's dismissal of a prisoner complaint the district court found to have probable merit but dismissed under 28 U.S.C. § 191S(e)(2) screening because …
Article • January 15, 2006 • from PLN January, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Alabama: On January 10, 2006, Ronald Hammonds, 35, a guard at the Federal Correctional Institution in Talladega was arrested in a Taco Bell parking lot by FBI agents on charges of supplying prisoners with marijuana. Arizona: On December 31, 2005, Vincent Cannon, 23, …
Brief • January 13, 2006
Freedom From Religion Foundation Inc. v. Chao, 7th Circuit, Taxpayer Standing, 2006 433 F.3d 989 (2006) FREEDOM FROM RELIGION FOUNDATION, INC., et al., Plaintiffs-Appellants, v. Elaine L. CHAO, Secretary of Department of Labor, et al., Defendants-Appellees. No. 05-1130. United States Court of Appeals, Seventh Circuit. Argued September 13, 2005. Decided …
Brief • January 3, 2006
Lake v. Schoharie County, NY, Medical Lake Case, Order, 2006
Hambrick v. CCA, TN, Complaint, slip fall water, 2006 CCA-AF (6/2/14 PRA) 0011 CCA-AF (6/2/14 PRA) 0012 CCA-AF (6/2/14 PRA) 0013
Brief • December 23, 2005
Heston v. City of Salinas, CA, Plf Opp to Def MTD, police taser death cardiac arrest, 2006 JOHN BURTON, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Tel: (626) 449-8300/ Fax: (626) 449-4417 1 PETER M. WILLIAMSON, State Bar …
Article • December 15, 2005 • from PLN December, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Arkansas: In 2001 prison guards used force 12 times to remove prisoners from their cells. By 2005 they did it at least 40 times. Prison officials attribute this to more hardened prisoners and not more brutal guards. Arkansas: On December 1, 2005, an …
Article • December 15, 2005 • from PLN December, 2005
Former California Warden Allegedly by Former California Warden Allegedly Assaults News Reporter The former warden of Salinas Valley State Prison (SVSP), Anthony Lamarque, allegedly swung a cane at Sacramento News and Review reporter Stephen James and then pinned him against a wall, when Lamarque apparently objected to being photographed at …
Article • December 15, 2005 • from PLN December, 2005
Filed under: Organizing, Voting
Virginia Governor Warner Restores Felons' Voting Rights, Ignites Controversy by by Matthew T. Clarke Then Virginia Governor Mark Warner restored the voting rights of 1,892 felons who had served their sentences, 1,110 of them in 2004. Opposition politicians have accused him of "rubber-stamping" the restoration process. Virginia is one of …
28 Die in Philippines Jail Uprising by A March 14, 2005, botched escape attempt by an Al-Qaida linked Abu-Sayyaf member at the Camp Begang Diwa (CBD) detention center in Tanguig, Manila started as a two-day takeover of CBD that ended with 28 dead. When the incident began, CBD held 470 …
Privatized Medical Services in Delaware Kill and Maim by David Reutter by David M. Reutter Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison …
Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Re by Washington State Supreme Court Grants PLN Public Disclosure of Washington DOC Medical Malpractice Records by John E. Dannenberg Prison Legal News won a big victory for the cause of investigative journalism on July 14, 2005 …
PLN Sues Bureau of Prisons for Lawsuit Information by On September 12, 2005, Prison Legal News (PLN) filed suit in federal district court to overturn an agency ruling denying it access to documents held by the Federal Bureau of Prisons (BOP). The lawsuit, filed in federal district court in Washington, …
Article • December 15, 2005 • from PLN December, 2005
From the Editor by Paul Wright By now all PLN subscribers should have received our annual fund raiser letter and our reader survey. As you know, subscription and advertising income only cover a fraction of PLN's operating expenses. We operate a very lean operation where all four full time employees …
Article • December 15, 2005 • from PLN December, 2005
Excessive Force Claim Nets $3,200 in Attorney's Fees; $1,000 in Damages by An Illinois Federal District Court has awarded $3,200 in attorney's fees in a prisoner's claim that his Eighth Amendment rights were violated. The civil rights action was brought by Illinois prisoner Frank Farella against Logan Correctional Center guards …
Article • December 15, 2005 • from PLN December, 2005
Guards Flee Texas Prisons After Overtime Eliminated by Michael Rigby The virtual elimination of overtime pay for guards--a cost-cutting move by the Texas Department of Criminal Justice (TDCJ)--has contributed to rising turnover rates and probably comprised safety in the state's chronically understaffed prisons. In March 2003, TDCJ began awarding comp" …
Article • December 15, 2005 • from PLN December, 2005
Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 by Los Angeles County settled two prisoner wrongful death suits for $325,000 that alleged negligent medical care during incarceration at the L.A. County jail. On May 8, 2002, 39 year-old county jail prisoner Crystal Baize was transferred …
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