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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 …
Article • December 15, 2004 • from PLN December, 2004
Filed under: Sentencing, Parole
California Parole Board Must Vacate Parole Denial And Give Lifer New Hearing by John E Dannenberg by John E. Dannenberg The California Court of Appeals ordered the Board of Prison Terms (BPT) to vacate its decision denying parole and give a murderer a new parole hearing wherein it shall consider …
Article • December 15, 2004 • from PLN December, 2004
Private Capitol Punishment: The Florida Model by David Reutter by Ken Kopczynski, 111 pp. 2004, Authorhouse, softbound Reviewed by David M. Reutter As the prison industrial complex has expanded, the privatization of prisons has increased. The pages of PLN have chronicled the mental and physical abuse, as well as medical …
Punitive Transfer After Winning Administrative Appeal Is Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the transfer of a California state prisoner to a Security Housing Unit (SHU) punitive segregation facility after his underlying alleged rules violation had been reversed …
Article • December 15, 2004 • from PLN December, 2004
Arrestee Cannot Be Charged With Bringing Drugs Into Jail by The Ohio Second District Court of Appeals has held that an arrestee cannot be charged with knowingly conveying drugs onto the grounds of a detention facility. Stephen Sowry was arrested on charges of disorderly conduct and resisting arrest. A pat-down …
Article • December 15, 2004 • from PLN December, 2004
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: In April, 2004, Department of Corrections employee Paul Lamprill was fired after using his state supplied DOC computer to send more than 8,000 e mails to campaign on behalf of former Arizona DOC director Terry Stewart who was running for president of …
Seventh Circuit Invalidates Wisconsin News Clippings Ban by The Seventh Circuit Court of Appeals held that a prison ban on clippings and photocopies of clippings from newspapers and magazines violates the First Amendment right of prisoners to receive and exchange information. The court also held, however, that the district court's …
Article • December 15, 2004 • from PLN December, 2004
Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit by The Seventh Circuit Court of Appeals held that a prisoner's complaint need only state the prisoner's legal claim together with some indication of the time and place: detailed facts need not be supplied. Brian K. Thomson, an Illinois …
Article • December 15, 2004 • from PLN December, 2004
Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated by The Second Circuit Court of Appeal has affirmed a district court's order setting aside a jury's verdict of $108,000 in a prisoner's lawsuit alleging deliberate indifference to his serious medical needs. New York prisoner Juan Hernandez sustained multiple gunshot …
Article • December 15, 2004 • from PLN December, 2004
Oklahoma Family Buries Wrong Man by An Oklahoma couple got a real shock upon returning home from a family funeral. They received a call from their son, Kevin Wyckoff, whom they believed they had just buried. "Hey Dad," Kevin, 23, said in his call from the Lexington Assessment and Reception …
Bailey v. MN DOC, MN, Plf Post-Trial Reply Memo, ASL interpreter sex offender treatment disabled prisoner, 2004
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