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Article • January 15, 2003 • from PLN January, 2003
Sexual Assault Violates Eighth Amendment by A federal district court in Delaware has held, in denying a motion to dismiss, that a sexual assault during an obstetric medical exam violates the Eighth Amendment. Baylor Women's Correctional Facility prisoner Shalnessa Goode sued, under 42 U.S.C. § 1983, Correctional Medical Services (CMS) …
Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings by by Matthew T. Clarke Six guards and a warden have been convicted in federal court of charges stemming from brutal beatings and subsequent cover up attempts at the 1,200 man Lea County Correctional Facility in Hoots, New Mexico, …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Virginia Guards Acquitted of Assaulting Prisoner by Michael Rigby Three former prison guards were acquitted March 27, 2002 on charges of beating a shackled prisoner at the Wallens Ridge State Prison, a Virginia supermax. Lt. Jeffrey Compton, Sgt. Mathew Hamilton and Michael Bliley were charged with felonious assault and fired …
Article • January 15, 2003 • from PLN January, 2003
Sentence Commuted for Sexually Assaulted New Mexico Prisoner by Sentence Commuted For Sexually Assaulted New Mexico Prisoner On May 30, 2002, New Mexico governor Gary Johnson (R) commuted the sentence of Belinda Dillon, a prisoner at the New Mexico State Women's Correctional Facility. The commutation came after several guards at …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
Ninth Circuit Upholds BOP's Prorated Good Time Formula by Ninth Circuit Upholds BOP'S Prorated Good Time Formula The Ninth Circuit Court of Appeals held that the Bureau of Prisons' (BOPS') application of good time credits on a prorated basis during the final year of confinement is a reasonable interpretation of …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge by A Michigan District Court has granted in part and denied in part Michigan Department of Corrections (MDOC) officials' motion to dismiss a state prisoner's suit against MDOC under the Americans with Disabilities Act (ADA), 42 U.S.C. §12101, et. seq., and the …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Parole
USPC Parole Revocation Policies Violate Due Process by David Reutter by David M. Reutter A federal district court for the Dis-trict of Columbia has granted injunctive relief to prisoners challenging the United State Parole Commissions (USPC) unconstitutional policies, which unduly delay revocation of parole proceedings. The USPC assumed the powers, …
Article • January 15, 2003 • from PLN January, 2003
Amendment of Complaint to Identify Unknown Defendant Denied by The Third Circuit Court of Appeals has affirmed a Pennsylvania District Court's grant of summary judgment to Pennsylvania Department of Corrections (PADOC) officials and denial of Plaintiff's motion to amend the suit to substitute a new, named defendant for a previously-unnamed …
Article • January 15, 2003 • from PLN January, 2003
Trial in Prison Violates Oregon's "Public Trial" Guarantee by The Oregon Court of Appeals held that a trial conducted within the confines of a prison that was not open to the public violated Oregon's constitutional guarantee of a public trial. James Jackson, a prisoner at the Snake River Correctional Institution, …
Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded by David Reutter by David M. Reutter A federal district court in South Dakota has held the PLRA attorney fees provision does not apply to juvenile facilities, and awarded $379,000 in attorney fees and costs. The court …
Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Diabetes, Amputations
Diabetic's Amputation Suit Set for Trial by A federal district court in Illinois has held a diabetic detainee's claim of deprivation of medical treatment is sufficient to deny the doctor's motion for summary judgment. Cook County Jail pre-trial detainee Andrew Spencer filed a 42 U.S. C. §1983 action alleging on …
No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
Article • January 15, 2003 • from PLN January, 2003
Colorado Ad-Seg Decisions Subject to Judicial Review by The Colorado Court of Appeals held that administrative segregation (ad-seg) placement decisions are subject to judicial review. Leonard Baldauf, a prisoner of the Colorado Department of Corrections, (CDOC), was placed in adseg and filed a C.R.C.P. 106(a)(4) complaint seeking judicial review of …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
Article • January 15, 2003 • from PLN January, 2003
$27,848.30 Award in Texas Jail Slip and Fall Upheld by An award of $27,848.30 to a pris-oner who slipped and fell on a food spill in a Texas jail has been upheld by a Texas state court of appeals in an unpublished opinion. Mickey Caves, a Dallas County (Texas) Jail …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Reviews, Court Access
A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement by Paul Wright by Columbia Human Rights Law Review, 2002, 1,593 pages Reviewed by Paul Wright The law review staff at Columbia University in New York has published A Jailhouse Lawyer's Manual (JLM) since 1978. Now in its fifth edition, the …
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