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Article • June 15, 2004 • from PLN June, 2004
Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release on Parole by John E Dannenberg Amended Pennsylvania Parole Statute Ruled Ex Post Facto; Third Circuit Orders Release On Parole by John E. Dannenberg The US District Court (E.D. Pa.) held that a 1996 amendment to the Pennsylvania …
Jury Finds for Corcoran Guards in Prisoner Rape Suit by Paige Welch On Tuesday, October 21, 2003, a jury found four employees at California State Prison, Corcoran not responsible for the rape of prisoner Eddie Webb Dillard by a fellow prisoner. The verdict was read by District Judge Anthony W. …
$1.4 Million Awarded in Kansas Prisoner Death by In August, 2003 a State Jury in Leavenworth County, Kansas, awarded the son of a Kansas State prisoner who was killed after being stabbed by another prisoner on August 8, 2000, $1.4 million. Donald R. Grisham was stabbed on his 27th birthday …
Article • June 15, 2004 • from PLN June, 2004
Actual Damages Required to Maintain Suit Under Federal Privacy Act by Actual Damages Required to Maintain Suit Under Federal Privacy Act The United States Supreme Court recently held that a showing of actual damages is required in order to maintain a civil action brought under the Privacy Act of 1974. …
Article • June 15, 2004 • from PLN June, 2004
$135,000 Paid in New York Jail Sexual Harassment Settlement by A New York City Department of Corrections guard reached a settlement of $135,000 in her federal civil rights suit alleging sexual harassment. Guard Virginia Jones began a consensual sexual relationship with Captain Michael Baxter in March 1998. Jones contended that …
Missouri Guards Liable for Refusing Prisoner's Seatbelt Request by John E Dannenberg Missouri Guards Liable For Refusing Prisoner's Seatbelt Request by John E. Dannenberg The Eighth Circuit U.S. Court of Appeals permitted a 42 U.S.C § 1983 complaint to proceed against five Missouri Department of Corrections (MDOC) transportation guards for …
$1.5 Million Illinois Prison Rape Verdict Overturned by In a 2-to-1 decision, the U.S. Court of Appeals for the Seventh Circuit overturned a jury's $1.5 million verdict in favor of a prisoner who was sexually assaulted by his cellmate. Anthony Riccardo and Juan Garcia were both housed in the segregation …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Escapes, Sentencing, Detainers
Indictment Dismissed for Failure to Comply with Interstate Agreement on Detainers by The Wyoming Supreme Court reversed a conviction and dismissed the underlying indictment because the State failed to bring the defendant to trial within the time period allotted in the Interstate Agreement on Detainers (IAD). In 1997, Janvirgo Odhinn …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Civil Procedure, Discovery
Illinois Segregation Brutality Suit Fails Because Injury Was De Minimis by John E Dannenberg Illinois Segregation Brutality Suit Fails Because Injury Was De Minimis by John E. Dannenberg An Illinois state prisoner who alleged in a 42 U.S.C. § 1983 civil rights complaint that he had been maliciously injured by …
Article • June 15, 2004 • from PLN June, 2004
Pro Se Indiana Prisoner Awarded $100,000 in Failure to Protect Suit by On May 21, 2002, an Indiana federal district court held that state prisoner Robert Pierson was entitled to $100,000 in compensatory damages because prison officials failed to protect him from assault by another prisoner. Pierson, 51, arrived at …
Article • June 15, 2004 • from PLN June, 2004
Jury Awards Maryland Prison Guard $1.6 Million for Discrimination by Michael Rigby In July 2003, a federal jury in Maryland awarded a former prison guard $1.6 million for the discrimination and hostile work environment he endured while on the job at a Maryland prison. Mathen Chacko, a native of India, …
Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
Article • June 15, 2004 • from PLN June, 2004
Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court, E.D. Calif. denial of a California state lifer's federal habeas …
Article • June 15, 2004 • from PLN June, 2004
California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg California Prisoner Not Earning Wages is Denied Workers' Comp. by John E. Dannenberg The California Court of Appeals held that a prisoner injured on his job in the prison laundry was entitled to a $0.00 Workers' Compensation …
Article • June 15, 2004 • from PLN June, 2004
California Pays $1.25 Million for Woman Crushed by State Prison Bus by A Ventura County, California jury awarded $1.25 million on August 6, 2002 for the wrongful death of an 88 year-old woman who was run over by a full sized state prison bus as it was turning right out …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Sentencing, Good Time
D.C. Prisoners Serving Life Sentences Have No Right to Earn Good Time Credits on Maximum Terms by The United States Court of Appeals for the District of Columbia recently held that prisoners serving life sentences with the possibility of parole have no right to earn good time credits on their …
County Must Disclose Detention Center Settlement to Newspaper by Bob Williams The New Mexico State Court of Appeals has ruled that Dona Ana County must disclose to the Las Cruces Sun-News records relating to a civil suit settlement between the County and female jail detainees who were sexually abused by …
Article • June 15, 2004 • from PLN June, 2004
Unearned Good Time Credits May Not Be Withheld as Disciplinary Sanction by Bob Williams Unearned Good Time Credits May Not Be Withheld As Disciplinary Sanction by Bob Williams The West Virginia Supreme Court of Appeals has held that a state prisoner may not lose more good time credits as a …
Article • June 15, 2004 • from PLN June, 2004
Preliminary Injunction Automatically Expired in 90 Days for Alabama Women Prisoners by Bob Williams The U.S. District Court for the Middle District of Alabama has brought to a halt prospective relief from unconstitutional conditions at an Alabama state women's prison because a previously entered preliminary injunction was allowed to expire …
Article • June 15, 2004 • from PLN June, 2004
Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Pauper's Declaration Sufficient for Cost Bond in Texas Medical Malpractice Suit by Matthew T. Clarke A Texas court of appeals has held that a prisoner's unsworn declaration in support of his seeking to proceed as a pauper satisfies …
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