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Article • August 15, 2004 • from PLN August, 2004
Facts Contained in Administrative Remedies Not Automatically Deemed Facts Alleged in Complaints by The Seventh Circuit Court of Apeals held the attachment of grievances to a complaint, for the purpose of demonstrating exhaustion of remedies, does not permit holding that the plaintiff vouches for the truth of the statements in …
Article • August 15, 2004 • from PLN August, 2004
Executions Rose in 2002; Texas Led in Number of Deaths by In 2002, thirteen states in the United States of America executed 71 prisoners, with Texas killing the greatest number of them (33). California held the most prisoners on death row at year end 2002 (640), followed by Texas (450), …
Article • August 15, 2004 • from PLN August, 2004
California Prison Guards Organize to Sue Assaultive Prisoners by California Prison Guards Organize To Sue Assaultive Prisoners In a classic case of "man bites dog," California state prison guards have begun a program to sue prisoners whom they allege assaulted them. To prosecute these suits, 2,900 guards have organized the …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Article • August 15, 2004 • from PLN August, 2004
Florida's Felon Disenfranchisement Law Under Spotlight by David Reutter by David M. Reutter Since the 2000 presidential election, Florida's voting laws have been under scrutiny. One of the issues being debated is Florida's constitutional provision that permanently disenfranchises felons. When Florida gave blacks the right to vote as a condition …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Medical, Dental Care
Denial of Dentures States Eighth Amendment Claim by The U.S. Court of Appeals for the Eleventh Circuit reversed a lower court's grant of summary judgment favoring an Alabama state prison dentist who did not timely furnish a prisoner with dentures. When Dean Farrow arrived at Alabama's Easterling Correctional Facility in …
Article • August 15, 2004 • from PLN August, 2004
Ohio Supreme Court Holds Some Sex Predators Not Required to Register by Ohio Supreme Court Holds Some Sex Predators Not Required to Register In a unanimous decision, the Ohio Su-preme Court ruled that some persons labeled as sexual predators cannot be required to register with law enforcement authorities. Lawrence J. …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Georgia Sheriff as "Arm of the State" Entitled to Eleventh Amendment Immunity by Bob Williams Ruling 6-5 en banc in a case of first impression, the Eleventh Circuit has found that Georgia sheriffs act as "arms of the state" and thus as state actors are entitled to Eleventh Amendment immunity …
Adams v. CCA, CO, Exhibits Part 1 Plfs Interviews, Prisoner Riot, 2004 EXHIBIT C_ Part one PARTIAL LIST OIG/CCA INTERVIEWS OF PLAINTIFFS Name Bate Number Sean Andrews Kevin Drum Tommy Romero Carl Yens Jared Adams Oto Fanoali (Fanoali Oto) Roy Gibbens Jay Silva Gerard Glieforst Jeremy Willison Brian Skinner Robert …
Publication • August 3, 2004
New York State Police, Trooper James D. Leeder Letter of Censure, 2004 WAYNE E. BENNETT SUPERINTENDENT NEW YORK STATE POLICE TROOP T HEADQUARTERS P.O. BOX 189 ALBANY, N. Y. 12201-0189 August 3, 2004 LETTER OF CENSURE Trooper James D. Leeder New York State Police Troop T Tarrytown, New York Dear …
Brief • July 28, 2004
Filed under: Eighth Amendment
Anthony v Martinez, TX, TDCJ Verdict, 8th Amendment violation, 2004 ----------- -- --.' -.' ... ~ , Case 5:03-cv-00053-JWP Document 119 Filed 07/28/2004 ...... Filed Page 1 of 2 -=r{ 215/.:2..001 a;rm iOiStJct Court UNITED STATES DIS'1'RICT COURT Western District of WESTERH DISTRICT OF TEXAS By --------r'-~ SAN ANTONIO DIVISION …
Doe v. Balaam, NV, Strip Search Suit Complaint, 2004 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 1 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 2 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 3 of 19 Case 3:04-cv-00214-RAM Document 14-2435075 Filed 07/27/2004 Page 4 of 19 Case …
Brief • July 20, 2004
Waterman v. McGuire, KS, Memorandum and Order, Mail Censorship, 2004 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS ) CRAIG E. WATERMAN, ) Plaintiff, v. COMMANDANT, United States Disciplinary Barracks, et al., Defendants. ) ) ) ) ) ) CIVIL ACTION No. 03-3415-CM ) ) ) ) …
Fifth Circuit Vacates $70,000 Award Against Texas Prison Officials by Michael Rigby The United States Fifth Circuit Court of Appeals has vacated and remanded the jury verdict in a Texas prisoner's failure-to-protect suit because the prisoner had not provided evidence supporting a jury finding of deliberate indifference against prison officials. …
No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial by No Summary Judgment for Ohio Guards Who Used Excessive Force, Case Loses At Trial The U.S. Court of Appeals for the Sixth Circuit reversed a district court's grant of summary judgment favoring certain prison guards …
Article • July 15, 2004 • from PLN July, 2004
Filed under: News, News in Brief
News in Brief by California: On April 11, 2004, Matthew Jacquot, 28, a guard at the Orange County jail, was arrested in San Diego on felony vandalism, battery and being under the influence charges after he ran into a Seven Eleven store, broke doors, ripped out a sink and overturned …
Article • July 15, 2004 • from PLN July, 2004
Michigan Grievances Exhausted Upon Fair Notice of Claim by The Sixth Circuit Court of Appeals held that a district court erred when it found that a Michigan prisoner failed to exhaust available administrative remedies and dismissed his § 1983 action on that basis. Michigan prisoner Ronnie Burton brought suit against …
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