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Inhumane Illinois Cell Conditions Defeat Summary Judgment
Article • January 15, 2010
Filed under: Eighth Amendment, Clothing, Toilets, Plumbing, Water, Sanitation, Strip Cells, Bedding, Hygiene Supplies, Civil Procedure, Summary Judgment, Appeals, Qualified Immunity
Inhumane Illinois Cell Conditions Defeat Summary Judgment by The Seventh Circuit Court of Appeals has held that guards are not entitled to qualified immunity for confining a prisoner in inhumane conditions. That ruling came on the heels of a district court’s order granting summary judgment to two guards at Illinois’ …
Judge Rejects Privacy Suit By Former Prison Employee
Article • January 15, 2010
Filed under: Misconduct/Corruption, Guard Misconduct, State Law Claims, Telephone Monitoring, Employee Litigation
Judge Rejects Privacy Suit By Former Prison Employee by Chief U.S. District Judge Tena Campbell has dismissed a lawsuit brought by a former employee of the Utah Department of Corrections who had alleged that her privacy rights were violated. The lawsuit, filed by Lauren Barker, alleged that Kirk Dahl, a …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care
Article • January 15, 2010 • from PLN January, 2010
Filed under: Misconduct/Corruption, Medical Misconduct, Podiatry, Amputations, Failure to Treat, Malpractice, Damages, Settlements, Municipal Liability
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities
Article • January 15, 2010 • from PLN January, 2010
Filed under: Totality of Conditions, Attorneys, Attorney Fee Awards, Immigration
DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities by Brandon Sample Immigration rights advocates won a short-lived victory in June 2009, when a U.S. District Court in New York ordered the Department of Homeland Security (DHS) to respond to a petition for rulemaking that requested …
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge
Article • January 15, 2010 • from PLN January, 2010
Filed under: Police Misconduct, Civil Procedure, Damages, Wrongful Imprisonment
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …
China Taking Steps to Reduce Number of Executions
Article • January 15, 2010 • from PLN January, 2010
Filed under: International, International Law, Prisoners-International, Political Prisoners (International), Death Penalty
China Taking Steps to Reduce Number of Executions by In July, 2009, Zhang Jun, vice president of China’s Supreme People’s Court, said that China was taking steps to reduce the number of executions. Despite the televising of many executions as a form of public intimidation, the absolute number of executions …
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths
Article • January 15, 2010 • from PLN January, 2010
Filed under: Misconduct/Corruption, Medical Misconduct, Skin, Discovery, Depositions
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio
Article • January 15, 2010 • from PLN January, 2010
Filed under: Conditions of Confinement, Totality of Conditions, Eighth Amendment, Jail Specific, Attorney Fee Awards
Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio by Last May, PLN reported that a U.S. District Court in Arizona had found that jails in Maricopa County, managed by Sheriff Joe Arpaio, continued to violate the civil rights of pretrial detainees. That ruling came in …
Starting Out: The Complete Reentry Book, by William Foster and Carl Horn, 446 pp, $22.95
Article • January 15, 2010 • from PLN January, 2010
Filed under: Commentary/Reviews, Reviews
Starting Out: The Complete Reentry Book, by William Foster and Carl Horn, 446 pp, $22.95 by Matthew Clarke by Matt Clarke Ideally, our schools and parents teach us all of the things we need to know to function as healthy and productive adults. Obviously, this is not always the case. …
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit
Article • January 15, 2010 • from PLN January, 2010
Filed under: Private Prisons, Correctional Medical Care, Dental Care, Contractor Liability, Sovereign Immunity
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit by Andrew W. Kilburn, a Massachusetts state prisoner, filed suit in state superior court alleging negligence and violation of the Eighth Amendment by Department of Correction (DOC) officials and medical personnel employed by Correctional Medical Services (CMS) and University of Massachusetts …
BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed
Article • January 15, 2010 • from PLN January, 2010
Filed under: Good Time, Mental Health, Drug Treatment/Rehab
BOP Fails To Meet Drug Treatment Goals; Lack of Funding Blamed by According to the Bureau of Prisons’ (BOP) annual report to Congress on substance abuse treatment programs, the BOP will once again fail to provide residential drug treatment services to 100 percent of eligible prisoners. With the BOP’s population …
Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action
Article • January 15, 2010 • from PLN January, 2010
Filed under: Court Access, Legal Materials, Complaints
Georgia Prisoners Must Use Court Promulgated Form to Initiate a Court Action by The Georgia Supreme Court has held that a trial court should have dismissed a mandamus petition filed by a prisoner against prison officials because the prisoner failed to use a form promulgated by the Administrative Office of …
Judgment for Guards who Allegedly Sodomized and Burned Prisoner Upheld
Article • January 15, 2010
Filed under: Staff-Prisoner Assault, Skeletal Disorder, Failure to Treat, Excessive Force, Burning
Judgment for Guards who Allegedly Sodomized and Burned Prisoner Upheld by On January 27, 2009, the U.S. Court of Appeals for the Seventh Circuit affirmed a grant of summary judgment for two guards accused of providing deliberately indifferent medical care and a jury verdict in favor of the guards on …
Late Amendment of Pleading Properly Quashed
Article • January 15, 2010
Filed under: Civil Procedure, Complaints, Parties
Late Amendment of Pleading Properly Quashed by A California Court of Appeals has upheld a trial court’s decision to quash an amended complaint naming several “Doe” defendants. The action, filed by A.N., alleged that A.N. was harmed while at juvenile hall in Los Angeles County. A.N. sought damages for negligence …
Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act
Article • January 15, 2010
Filed under: Mandamus, Restitution, Federal Statutory Law, Crime Victims Rights Act
Mother of Murdered Son not “Victim” Within Meaning of Crime Victims Rights Act by The U.S. Court of Appeals for the Second Circuit has rejected a petition for mandamus filed by the mother of an individual murdered by Columbian paramilitaries. The mother had sought restitution under the Crime Victims Rights …
Nebraska Supreme Court Upholds Civil Commitment Law
Article • January 15, 2010
Filed under: Retroactivity, Sentencing, Ex Post Facto, Sex Offender Treatment, Civil Commitment
Nebraska Supreme Court Upholds Civil Commitment Law by The Nebraska Sex Offender Commitment Act (SOCA) does not run afoul of either the Nebraska or United States Constitutions, the Nebraska Supreme Court decided March 13, 2009. J.R. was convicted of first degree sexual assault of a child. Prior to his release …
New Jersey Open Records Act Applies To County's Settlement of Sexual Harassment Suit
Article • January 15, 2010
Filed under: Staff-Staff Harassment, Civil Procedure, Disclosure of Records, Employee Litigation
New Jersey Open Records Act Applies To County's Settlement of Sexual Harassment Suit by On March 17, 2009, the New Jersey Court of Appeals held that a county's settlement agreement with a former employee who sued over sexual harassment in the workplace was subject to disclosure under the Open Public …
New Trial Ordered After Evidence of Set-Up Excluded
Article • January 15, 2010
Filed under: Police Misconduct, Crime/Demographics, Informants, Evidentiary Ruling, Appeals, Wrongful Conviction
New Trial Ordered After Evidence of Set-Up Excluded by The Court of Appeals for Missouri has ordered a new trial in a case where a former prisoner alleged that he was set up by police. In 1985, Oren Gamble was charged with burglary based on information provided by Larry McCoy. …
New York City Pays $5.5 Million to Suspect Hit By Cop Car
Article • January 15, 2010
Filed under: Misconduct/Corruption, Police Misconduct, Premises Liability
New York City Pays $5.5 Million to Suspect Hit By Cop Car by The City of New York agreed to pay an admitted drug user who was hit by a police car while fleeing police one of the highest personal-injury payouts of fiscal year 2009: $5.5 million. Manuel Martinez, 29, …
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001
Article • January 15, 2010
Filed under: Money/Property, Prisoner Property, Qualified Immunity, Publications/Books
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
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