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$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
Tribal Funds Exempt from Washington LFO Seizures by In an unpublished order, a federal court in Washington granted a Native American prisoner's motion for summary judgment on the issue of liability of prison officials in seizing monthly tribal per capita allotments from his prison account to satisfy court-ordered legal financial …
Article • March 15, 2003 • from PLN March, 2003
Vehicle Forfeited for Smuggling Drugs into Arizona Prison by The Arizona Court of Appeals upheld the forfeiture of a vehicle involved in smuggling drugs into prison. Arizona prisoner Dennis Day convinced his mother Teruko Simmons, to smuggle three grams of marijuana into the prison for him. Simmons drove her 1996 …
Florida's Private Food Service Demonstrates that Profit Overrides Sanitary Practice by Marvin Mentor by David M. Reutter In July 2001, the Florida Department of Corrections (FDOC) entered into a five-year contract with Philadelphia's cost-conscious Aramark Corporation to feed prisoners at 126 of the 133 prisons in Florida. The contract is …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Sentencing, Habeas Corpus
Habeas Hints: Standard of Review by Kent Russell This column is intended to provide habeas hints for prisoners who are considering or handling habeas corpus petitions as their own attorneys. The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law which now governs …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
California Parole Official Demoted by The vice chairman of the California parole board, Jones Moore, was recently demoted after board Chairwoman Carol Daly received what she termed "an unacceptable number of complaints" about Moore's behavior from numerous attorneys representing prisoners at their parole hearings. In an August 27, 2002, letter …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, HIV/AIDS
Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim by On the second appeal from a trial court's rejection of a prisoner's Eighth Amendment claims, the U.S. Court of Appeals for the Second Circuit ruled in favor of the prisoner, vacated the trial court's grant of summary judgment for defendants, …
Punitive Damages Are Prospective Relief Under PLRA by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that the PLRA makes punitive damages prospective relief that requires the district court to make a factual finding the award is narrowly drawn to correct the violation of …
Article • March 15, 2003 • from PLN March, 2003
Ohio Prison Officials Cannot Alter Jail-Time Credit Award by The Court of Common Pleas of Marion County, Ohio, has granted release to an Ohio prisoner on habeas corpus after finding that Department of Rehabilitation and Correction (DORC) officials illegally altered a court sentencing entry to "correct" a perceived error in …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
Sandin Applied to Wisconsin Sexual Offender Civil Commitment by In analyzing a district court's order finding Richard Thielman, a sexual offender civil committee, did not have a liberty interest from being restrained by waistchains, blackbox, and leg irons when being transported outside the Wisconsin Resource Center for medical treatment, the …
New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming …
Article • March 15, 2003 • from PLN March, 2003
Release of Medical Liability May Establish Deliberate Indifference by The Eighth Circuit Court of Appeals has held that a consent to surgery releasing liability may establish deliberate indifference to medical care. In 1996, David Wayne Vanderbeck (Beck), a Minnesota state prisoner, began suffering numbness and cramping caused by a bullet …
Article • March 15, 2003 • from PLN March, 2003
Failure to Assert Hearing Officer Bias Administratively Waives Claim on Habeas by The court of appeals for the Seventh circuit held that a prisoner's failure to present his claim of hearing officer bias in an administrative appeal waived the claim on habeas review. Steven Eads, an Indiana state prisoner, was …
Woman Gang Raped in Back of Jail Van by In August 1999, four Connecticut men sexually assaulted an unnamed female prisoner while being transported together in a New Haven County Sheriff's Department van. The men, who were also prisoners, allegedly broke down a metal gate separating them from the woman, …
Article • March 15, 2003 • from PLN March, 2003
Filed under: News, News in Brief
News in Brief by Arizona: Protesting the seizure of property sold to them by the prison but which does not meet current prison property rules, on November 18, 2002, hundreds of prisoners at the Arizona State Prison Complex in Florence started fires from electrical outlets in their cells and threw …
Article • March 15, 2003 • from PLN March, 2003
Home Detainee Has Fourth Amendment Rights by The Supreme Court of Virginia has held that a defendant who entered the Fairfax County Sheriff's Electronic Incarceration Program (Program) did not automatically waive his right to privacy of his home by agreeing to enter the Program. Upon entering the Program, Michael L. …
Class Action Filed on Washington DOC Seizure of Tribal Funds by On March 29, 2002, a class action suit was filed in a Washington federal court on behalf of all Native American prisoners in the Washington prison system who have had tribal trust funds seized by the Washington Department of …
$90,169 Plus Injunction in California Retaliation Suit by by John E. Dannenberg In a jailhouse lawyer retaliation suit where both expungement of prison records and $9,000 in damages were awarded, the US District Court (E.D. Calif.) awarded $2,000 for expenses, $8,447 in costs and $70,812 in attorney fees because the …
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