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Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Article • August 15, 2003 • from PLN August, 2003
Sadistic New Jersey Prison Doctor's License Revoked Amid Allegations of Neglect, Malpractice by Lonnie Burton On November 13, 2002, the New Jersey Board of Medical Examiners revoked the license of Dr. John J. Napoleon following the most recent allegations that he was grossly negligent in the treatment of nine patients …
Article • August 15, 2003 • from PLN August, 2003
$3.2 Million Awarded to New York Jail Prisoner in Work Accident by On October 18, 2002, a Queens county, New York, jury awarded Ronald York, a 21 year old prisoner at the New York City jail on Riker's Island, $3.2 million in damages as compensation for a work injury. Ronald …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Civil Procedure, Damages
Pro Se Tips and Tactics: Damages by John Midgley 1. Overview of Punitive Damages When people discuss "money damages" in connection with a lawsuit for personal injury, they are usually thinking of damages that relate directly to the injury. Examples include money to compensate a plaintiff for lasting physical injury …
Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted by Ohio Jail's Pay-for-Stay Program Unconstitutional, Partial Summary Judgment Granted The U.S. District Court for the Southern District of Ohio has awarded partial summary judgment to a former pretrial detainee in a case involving seizure of the detainee's funds by the …
Article • August 15, 2003 • from PLN August, 2003
Settlement of Hamilton County, Ohio, Jail Booking Fees Case by After protracted negotiations and two court rulings finding the defendants liable, Hamilton County, Ohio, officials finally agreed to settle the claims challenging its Pay-for-Stay program (see mail article). Led by Cincinnati attorney Stephen R. Felson, with attorney Robert B. Newman, …
Article • August 15, 2003 • from PLN August, 2003
Butler County, Ohio, Settles Jail Booking Fee Suit by Butler County, Ohio, Settles Jail Booking Fee Suit The Sheriff and Commissioners of Butler County, Ohio, settled a lawsuit over its Pay-to-Stay program brought in the United States District Court for the Southern District of Ohio, Western Division, by a citizen …
Article • August 15, 2003 • from PLN August, 2003
U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E Dannenberg U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E. Dannenberg In two 5 to 4 decisions, the U.S. Supreme Court ruled that California's harsh "three strikes and you're out" law is not grossly disproportionate in violation …
Article • August 15, 2003 • from PLN August, 2003
Filed under: News, News in Brief
News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …
News in Brief by California: On May 2, 2003, Gary Culverson, 25, and Van Kopp, 37, were arrested on charges that they assaulted Casey Humphrey, 18, a prisoner at the Monroe Detention Center in Yolo County. Culverson and Kopp were employed as guards at the jail's intake area but the …
The PLRA Does Not Change Leave to Amend Rule by Bob Williams The PLRA Does Not Change Leave To Amend Rule by Bob Williams The Third Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) does not mandate dismissal of an indigent litigant's deficient complaint without …
Article • August 15, 2003 • from PLN August, 2003
Illinois Settles Visitor Strip Search Suit for $237,000 by by Matthew T. Clarke In 2001, the Illinois Department of Corrections (DOC) has settled a lawsuit by visitors who claimed strip searches conducted during their visit to the Pontiac Correctional Center (PCC) were unconstitutional. In 1997, Marylin Tompkins and Jess Burgess …
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
Article • August 15, 2003 • from PLN August, 2003
Rikers Island Jail Chief Demoted by Rikers Island supervisor Anthony Serra has been demoted from his $140,000 per year position as New York City jail chief amid allegations he improperly assigned underlings to work on Republican Governor George Pataki's re-election campaign. Serra was suspended from duty on October 22, 2002 …
Article • August 15, 2003 • from PLN August, 2003
Arizona Prisoner Entitled to Workers' Compensation Payments During Period of Incarceration by The Arizona Court of Appeals held that a prisoner may collect workers' compensation benefits during his term of imprisonment, despite a 1997 state statute prohibiting workers' compensation payments "during the period of time that [a claimant] has . …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
Deaths and Beatings Rampant in Texas' Nueces County Jail by Gary Hunter Nueces County Jail in Corpus Christi Texas has become a regular source of dead and beaten prisoners. Ten prisoners have died in the jail between 1996 and 2000. Two cases have already cost the county $2 million and …
Article • August 15, 2003 • from PLN August, 2003
Filed under: Commentary/Reviews, Reviews
Behind the Walls: A Guide for Families and Friends of Texas Prison Inmates by Michael Rigby by Jorge Antonio Renaud, University of North Texas Press, 2002, soft cover, 218 pages, $14.95 Review by Michael Rigby If you or someone you know is one of the nearly 150,000 people incarcerated in …
Article • August 15, 2003 • from PLN August, 2003
DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by DSU-Like Conditions in Massachusetts Prison Trigger Due Process Protection by Matthew T. Clarke The Supreme Judicial Court of Massachusetts has held that the Massachusetts Commissioner of Corrections (MCOC) may not avoid previously ordered due process review of prisoners placed in …
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