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Article • July 15, 2005 • from PLN July, 2005
Pro Se Tips and Tactics by Daniel Manville by Daniel E. Manville Exhaustion of Administrative Remedies Introduction1 If you are confined and are suing in federal court prison or jail staff for an incident that occurred while locked up, you are required to exhaust the administrative grievance system that exists. …
Summary Judgment Reversed in Louisiana Jail Conditions Case by by Robert H. Woodman The Court of Appeal of Louisiana, First Circuit, reversed summary judgment granted by the Twenty-Third Judicial District Court of Ascension Parish (Louisiana) to the Ascension Parish sheriff in a case involving conditions of confinement at the Ascension …
Article • July 15, 2005 • from PLN July, 2005
Crime Lab Problems Continue In Texas, Elsewhere by Michael Rigby More than two years after the closure of its DNA division, the Houston Police Department (HPD) crime lab remains a lesson in how not to run a forensics unit. Recent developments include the discovery of 280 boxes of misplaced evidence …
Article • July 15, 2005 • from PLN July, 2005
Three California Prisons Ration Water Due To Contaminated Wells by by John E. Dannenberg When wells at the California Rehabilitation Center (CRC), Salinas Valley State Prison (SVSP) and Sierra Conservation Center (SCC) state prisons became contaminated, water was severely rationed until repairs could be made. In June, 2004, when maximum-security …
Article • July 15, 2005 • from PLN July, 2005
Filed under: Medical
Two Pennsylvania Prisoners Win $1.2 Million For MRSA Skin Infections Contracted County Jail by by John E. Dannenberg An uncontrolled and untreated chronic infection of Methicillin Resistant Staphylococcus Aureus (MRSA), a highly contagious, stubborn, disfiguring and sometime fatal bacterial disease, has permeated the Bucks County Correctional Facility (BCCF), unabated, for …
Article • July 15, 2005 • from PLN July, 2005
California Parole Condition Prohibiting Computer Access For Molester Ruled Unreasonable by The California Court of Appeals granted habeas corpus relief sought by a paroled child molester who complained that the condition of parole forbidding him from either using a computer or getting on the Internet was unreasonable. Ramon Stevens was …
Article • July 15, 2005 • from PLN July, 2005
Alabama Prisoner Awarded $90,000 For Work-Related Eye Injury by by Michael Rigby On February 5, 2004, the Alabama Department of Corrections (ADOC) agreed to pay $90,000 to a prisoner who was refused safety glasses and later suffered an eye injury while working at a prison recycling center. Plaintiff Brian Dodd, …
Brief • July 12, 2005
Pettit v. Ohio Dept. of Rehab. & Corr., Decision, inmate work injury, 2005 [Cite as Pettit v. Ohio Dept. of Rehab. & Corr., 2005-Ohio-3958.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us DAVID PETTIT, et al. : Plaintiffs : v. : CASE NO. 2003-11798 Judge Fred J. Shoemaker DECISION DEPARTMENT …
Brief • June 22, 2005
Presley v. Epps, MS, Complaint, Supermax Conditions Class Action, 2005
Article • June 15, 2005 • from PLN June, 2005
Shocked and Stunned: The Growing Use of Tasers by Anne-Marie Cusac by Anne Marie Cusac High-powered tasers are the new fad in law enforcement. They are becoming ever more prevalent even as their safety is increasingly in question. The proliferation of tasers in police departments across the country has led …
Article • June 15, 2005 • from PLN June, 2005
$150,000 for Inadequate Oregon Sex Offender Supervision Resulting in Death of Child by On July 15, 2004, the Multnomah County, Oregon, Board of Commissions voted unanimously to pay $150,000 to settle a wrongful death action filed by the family of a teenage girl who was raped and murdered by a …
Article • June 15, 2005 • from PLN June, 2005
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
$1.45 Million To Be Paid In Death Of Florida Juvenile Prisoner by Michael Rigby The Florida Department of Juvenile Justice (DJJ) will pay $1.45 million to settle a federal lawsuit arising from the 2003 death of Omar Paisley at the Miami-Dade Regional Juvenile Detention Center, the Miami Herald reported on …
Article • June 15, 2005 • from PLN June, 2005
From the Editor by by Paul Wright I would like to thank everyone who has written, called or e mailed us with favorable comments about last month's 15th anniversary issue of PLN. It was quite the milestone and one which we are very proud of. We hope the next decade …
Article • June 15, 2005 • from PLN June, 2005
Private Youth Prison Gouging Michigan Taxpayers by Five years after beginning its first flirtation with for-profit prisons, Michigan is learning an invaluable lesson: Despite the hype, private prisons are not cost-effective. In the months following its 1999 opening, the Michigan Youth Correctional Facility (MYCF) was criticized over assaults, staff turnover, …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Sentencing, Habeas Corpus
Habeas Hints by Kent A. Russell This column is intended to provide habeas hints" to prisoners who are handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is post-conviction practice under the AEDPA, the 1996 law which now governs habeas corpus practice throughout …
Article • June 15, 2005 • from PLN June, 2005
What Some People Have to Say About PLN's 15th Anniversary by As a civil rights litigator specializing in prison cases, I have read virtually every issue of PLN since its first newsletter was published 15 years ago. This publication is an essential resource for everyone concerned about human rights. Congratulations …
Article • June 15, 2005 • from PLN June, 2005
California's Parole-Violator Cell-Study Education Program Portends Increase In Recidivism by California's Parole-Violator Cell-Study Education Program Portends Increase In Recidivism by Marvin Mentor A well-intentioned but struggling new rehabilitative in-cell, tutored, self study program for California parole violators (Bridging Program), participation in which cuts five days per month off eligible violators' …
Article • June 15, 2005 • from PLN June, 2005
U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure by U.S. Supreme Court Holds § 1983 Proper to Challenge Execution Procedure In an extremely limited," unanimous decision, the United States Supreme Court held that an Alabama death row prisoner properly utilized 42 U.S.C. § 1983 to challenge a …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Organizing, Voting, Restitution
ACLU-WA Challenges Washington Ex-Felon Disenfranchisement Law by On October 21, 2004, the American Civil Liberties Union (ACLU) of Washington brought suit in state court, challenging a law which prohibits Washington ex-felons from voting solely because they owe legal financial obligations" (LFOs) such as court filing fees and costs, restitution and …
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