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Article • December 15, 2004 • from PLN December, 2004
Hermaphroditic Wyoming Prisoner Awarded $1,000 for 14 Months in Solitary by Hermaphroditic Wyoming Prisoner Awarded $1,000 For 14 Months In Solitary In a bench trial, the U.S. District Court for the District of Wyoming has awarded $1,000 to a hermaphroditic Wyoming state prisoner who was made to serve her entire …
Article • December 15, 2004 • from PLN December, 2004
Florida's $4 Administrative Processing Fee for Prisoner Banking Fees Challenged by David Reutter by David M. Reutter A class action suit filed in Florida's Leon County Circuit Court challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add …
Death Exposes Inadequate Mental Health Care in Oregon Prisons by Mark Wilson On April 29, 2002, the tormented life of 45-year-old Oregon prisoner William Owens came to a tragic end in the Disciplinary Segregation Unit (DSU) of the Snake River Correctional Institution (SRCI). His death exposed numerous problems with the …
Article • December 15, 2004 • from PLN December, 2004
Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes by Judge Barkett Dissents from Expansion of "In Custody" Meaning for PLRA purposes Judge Barkett has dissented from the denial of en banc review of an Eleventh Circuit Court of Appeals decision that held the Prison Litigation Reform …
Article • December 15, 2004 • from PLN December, 2004
New York City: Thousands Unnecessarily Imprisoned at Enormous cost by New York City: Thousands Unnecessarily Imprisoned At Enormous Cost New York City is spending a fortune to unnecessarily imprison thousands of its citizens for relatively minor offenses. According to the city's Independent Budget Office, in fiscal year 2003 the total …
Article • December 15, 2004 • from PLN December, 2004
Washington Supreme Court Rejects Federal Mail-Box Rule by The Washington State Supreme Court has rejected the federal mail-box rule, under which pro se prisoners' pleadings are deemed filed when they are given to prison officials for mailing to the court. This ruling was based on differences between state and federal …
Article • December 15, 2004 • from PLN December, 2004
Washington Prison Labor Program Struck Down by Paul Wright by Roger Smith & Paul Wright In a rare reversal of its own prior ruling, the Washington state supreme court has ruled that the Washington Department of Corrections (DOC) must stop "letting out" convict labor to private businesses. The court found …
Guards Fornicate, Sell Drugs in Pennsylvania Jails by Guards Fornicate, Sell Drugs In Pennsylvania Jails The Allegheny County Jail in Pennsylvania is a den of perversion and sexual predation. To date, eleven guards have been ordered to stand trial on charges they sexually assaulted female prisoners at the jail. The …
Vermont Auditor's Report Blasts CCA and CMS by David Reutter by David M. Reutter The Keys to Success report issued by the Vermont State Auditor on May 26, 2004, concludes the Vermont Department of Corrections' (VDOC) "failure to monitor its contracts with private companies and individuals has resulted in significant …
Iowa Sex Offender Residence Restrictions Unconstitutional by by Matthew T. Clarke A federal court in Iowa has held that the residential restrictions placed upon sex offenders by Iowa Code § 692A.2A are unconstitutional. John Does I-III, Iowa sex offenders, filed a class-action suit under 42 U.S.C. § 1983 in Iowa …
Untimely Grievances Satisfy PLRA; $70,000 Beating Verdict Upheld by The Sixth Circuit Court of Appeals held that even an untimely grievance satisfied the exhaustion requirement of the Prison Litigation Reform Act (PLRA) so long as the prisoner goes through every step of the grievance process. In doing so, the court …
Article • December 15, 2004 • from PLN December, 2004
California Lifer Parole Rescission Upheld On One Of Five Grounds Alleged; Federal Ex Post Facto Appeal Is Moot by John E Dannenberg by John E. Dannenberg The California Court of Appeals held that one of the five causes charged by the Board of Prison Terms (parole board) to rescind a …
PAMII Requires Records Release in Connecticut Prisoners' Deaths by A Connecticut federal district court held that the State of Connecticut Office of Protection and Advocacy for Persons with Disabilities (Connecticut P&A), a state agency designated by Connecticut's Governor to provide protection and advocacy services to individuals with disabilities, including persons …
CMS Must Pay $1.75 Million in Illinois Jail Suicide by John E Dannenberg CMS Must Pay $1.75 Million In Illinois Jail Suicide by John E. Dannenberg Correctional Medical Services (CMS), a private contractor providing all medical and mental health services at the Lake County, Ill. Jail, was ordered by a …
Exculpatory Evidence Must Be Disclosed at Prison Disciplinary Hearing by David Reutter Exculpatory Evidence Must be Disclosed at Prison Disciplinary Hearing by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner is entitled to receive exculpatory evidence in a prison disciplinary hearing when a liberty …
Article • December 15, 2004 • from PLN December, 2004
From the Editor by Paul Wright From The Editor by Paul Wright As we close the year I would like to remind readers of our matching grant fundraiser where donations will be matched, dollar for dollar from non prisoners, and two dollars for every dollar donated from prisoners. The maximum …
Article • December 15, 2004 • from PLN December, 2004
Wisconsin County Settles Negligent Death Claim for $1.2 Million by Wisconsin County Settles Negligent Death Claim For $1.2 Million On July 24, 2003, Milwaukee County, Wisconsin, agreed to pay $1.2 million to settle a claim arising from a man's death in the county jail. The deceased, former president of the …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Civil Procedure, Complaints
Pro Se Tips and Tactics: The Pro Se Complaint by Daniel E. Manville by Daniel Manville The last column in the September, 2004, issue of PLN discussed "Proceeding In Forma Pauperis."2 That article explains that a prisoner is usually required to pay a partial filing fee before the complaint will …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Work, Prison Industries
California Prisons' Joint-Venture Program Under Statewide Court Injunction by John E Dannenberg by John E. Dannenberg On February 17, 2004, the Superior Court of San Diego County entered a two-year injunction against the State of California and its state prison Joint Venture prison-labor contractors, requiring compliance with the California Labor …
New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit by Michael Rigby On May 3, 2004, a federal jury in Manhattan awarded $7.65 million to a New York prisoner who was nearly killed when another prisoner attacked him with a razor. The plaintiff had alleged in his civil rights …
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