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Article • July 15, 2003 • from PLN July, 2003
Texas Guard Stabbing Prisoner Not State Action Under § 1983 by The Fifth Circuit Court of Appeals held that a guard's actions in cutting a prisoner with a knife was not under color of state law for purposes of 42 U.S.C. § 1983. Texas prisoner Fred Townsend was working as …
Article • July 15, 2003 • from PLN July, 2003
Trial Required in Death of Mentally Ilil Nevada Detainee, 9th Circuit Reverses Summary Judgment by The Ninth Circuit Court of Appeals held that summary judgment was improperly granted on the question of whether a County was deliberately indifferent to a pretrial detainee's mental illness while he was in custody at …
Article • July 15, 2003 • from PLN July, 2003
Gay Bashing Illinois Guards to Pay $65,000 for Savage Beating by A man who was brutally beaten by jail guards while in custody at the Cook County Jail in Chicago will receive $65,000 in a settlement approved in June 2002. Terry Phalen, now 42 and admittedly gay, was awaiting a …
U.S. v. Lavallee, CO, Order, Prison Conditions, 2003 269 F.Supp.2d 1297 (2003) UNITED STATES of America, Plaintiff, v. Mike LAVALLEE, Rod Schultz, and Robert Verbickas, Defendants. No. CR.A. 00-CR-481-D. United States District Court, D. Colorado. July 2, 2003. 1298 *1298 Mark Blumberg, United States Attorney's Office Criminal Section/CRT, Washington, DC, …
Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams Third Circuit Holds PLRA Exhaustion Requirement an Affirmative Defense by Bob Williams The Third Circuit Court of Appeals has found that the PLRA's exhaustion requirement is an affirmative defense to be pled by the Defendant. A district court …
Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Beaten Philadelphia Prisoner Gets $125,000, Two Guards and Warden Get Time by Matthew T. Clarke On May 1, 2002, two guards and an assistant warden were convicted in federal court of charges relating to the beating of a …
PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners by PLRA Not Applied to Attorney Fees, $407,635 for Puerto Rican Prisoners A federal district court in Puerto Rico has denied the defendant's motion for new trial in an excessive force case, and awarded attorney fees and costs to …
Article • May 15, 2003 • from PLN May, 2003
Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner by Third Circuit Upholds $100,000 Damages Award to Assaulted Pennsylvania Prisoner The U.S. Third Circuit Court of Appeals has upheld the jury verdict and damages award in a Pennsylvania case involving the assault of a state prisoner by guards. [PLN, …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
Murder, Mayhem, Corruption and Snitches: BOP Florence Exposed by Bob Williams Located in the gently rolling hills of Southern Colorado, dotted with juniper, poplar and cedar trees, Florence is a quiet, small town that was once a prison town without a prison. At just over 5,000 town residents, Florence shares …
State Tolling Statute Applied in § 1983 Action by John E Dannenberg by John E. Dannenberg The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative …
Article • March 15, 2003 • from PLN October, 2004
U.S. Torture: A Sordid History Of Official And Systematic Abuse by G. Flint Taylor by G . Flint Taylor The brutal and sadistic torture by U.S. military prison guards, military intelligence officers, and CIA interrogators which is being revealed daily in the mainstream media has brought protestations from President Bush, …
PLRA Applies to Juveniles; Claim Administratively Exhausted by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and the juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the …
Article • March 15, 2003 • from PLN October, 2004
Stun Belt Violates Due Process; Habeas Granted by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals held that the use of a stun belt to restrain a California criminal defendant during his trial violated due process of law and was grounds for reversal upon a …
Article • March 15, 2003 • from PLN March, 2003
Iowa Guards Fired for Beating Prisoner by Iowa Guards Fired For Beating Prisoner On July 24, 2002, Sheriff David Armack fired five guards, including a supervisor, at the Woodward County Jail in Sioux City, Iowa, in response to a June 10, 2002, videotaped beating of a prisoner. Stanley Munger, attorney …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
Sandin Applied to Wisconsin Sexual Offender Civil Commitment by In analyzing a district court's order finding Richard Thielman, a sexual offender civil committee, did not have a liberty interest from being restrained by waistchains, blackbox, and leg irons when being transported outside the Wisconsin Resource Center for medical treatment, the …
Hawaii Prison Doctor's Retaliation Judgment Upheld by The Ninth Circuit US Court of Appeals affirmed the USDC (D. Hawaii) judgment [PLN, June 2001: "Prison Doctor Wins $654,471 In Retaliation Suit"] based on First Amendment violations, expressly noting that in such retaliation suits, "mixed-motive" analysis applies regardless of whether the plaintiff …
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