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Article • October 15, 2001 • from PLN October, 2001
Malicious Use of Force Violates Eighth Amendment by John E Dannenberg The Third Circuit held that in claims alleging the malicious use of force by prison guards the wantonness of the attack, rather than the degree of injury suffered, is the dispositive issue for courts reviewing such claims on summary …
Article • October 15, 2001 • from PLN October, 2001
Use of Restraint Chair Not Cruel and Unusual Punishment by The Court of Appeals for the Third Circuit has affirmed a lower court's grant of summary judgment and denial of a motion for judgment as a matter of law on an excessive force claim brought by a convicted prisoner awaiting …
Cowboys and Prisoners by Willie Wisely Trumpeted as the pinnacle of high-tech prison architecture when it opened in 1993, the Federal Correctional Complex in Florence, Colorado, contains two lower security facilities, one maximum security prison, and, since 1994, the Clockwork Orange inspired U.S. Penitentiary Administrative Maximum. The steel and concrete …
Alabama Ends Chain Gang Experiment by A federal district court in Alabama has approved a settlement between Alabama state prisoners and the prison system, effectively ending Alabama's flirtation with chain gangs. The court also held that the practice of chaining prisoners to a "hitching post" is unconstitutional, cruel and unusual …
Article • September 15, 2001 • from PLN September, 2001
Racist Knot of Florida Guards by Willie Wisely The fake hunting regulations prominently posted in a Calhoun Correctional Institution colonel's office read, "OPEN SEASON ON PORCH MONKEYS." The daily kill limit was ten according to the sign, Roy Hughes, a black guard, told the St. Petersburg Times December 19, 1999. …
Summary Judgment Denied on BOP Excessive Force Claims by The Federal District Court in Kansas has denied summary judgment on a prisoner's claims of excessive force. The Court also held guards were not entitled to qualified immunity on these claims. In 1997, Felmon Laury was placed in the Special Housing …
Article • September 15, 2001 • from PLN September, 2001
Virginia Excessive Force Claim Set for Trial by A federal district court in Virginia denied Deputy Sheriff F.C. Bruce's motion to dismiss a claim brought by Kelvin Watford in which Watford complained that Bruce assaulted him, resulting in "bruising, scarring, and swelling." The Court discussed " de minimis injury" and …
U.S. Supreme Court Requires Futile Administrative Exhaustion by On May 29, 2001, a unanimous United States Supreme Court held that 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act (PLRA) requires the complete exhaustion of prison administrative remedies, regardless of how futile those remedies may be and regardless of …
Brutality Behind the Orange Curtain by Willie Wisely by W. Wisely The FBI began its second civil rights investigation of the Orange County, California, sheriff's department following the beating of a diabetic prisoner asking for food to lower his blood sugar. Michael Gennaco, head of the civil rights division of …
$1.1 Million Awarded in Texas Restraint Chair Settlement by Ronald Young Nueces County, Texas, settled a $1.1 million lawsuit filed by the father of Andrew Sokolinski, a prisoner who died while strapped into a restraint chair at the Nueces County Jail. The county settled the lawsuit midway through an August …
$250,000 Award to Beaten Texas Prisoner Upheld by A $250,000 jury award to a beaten Texas prisoner and a courtordered award of $95,000 in attorney's fees were upheld on appeal to the Fifth Circuit who found that the amount of damages was reasonable and the trial court did not abuse …
Nineteen Killed in Brazilian Prison Rebellion by On Feb. 19, 2001, Brazilian authorities said they had regained control of 29 prisons in Sao Paulo state where some 25,000 prisoners had taken some 7,000 hostages in an apparently coordinated rebellion during the Sunday visiting day on Feb. 18. Some of the …
Article • July 15, 2001 • from PLN July, 2001
PLRA Limits Guard's Liability for Prisoner's Attorney Fees by John E Dannenberg PLRA Limits Guard's Liability For Prisoner's Attorney Fees by John E. Dannenberg The US District Court, SD Ohio ruled that the Prison Litigation Reform Act's (PLRA) 150% cap restricting a prevailing prisoner plaintiff's attorney fees limited only how …
Arkansas Guards Indicted for Shocking Prisoners by Arkansas Guards Indicted For Shocking Prisoners On February 7, 2001, criminal charges were filed in a federal District Court in Arkansas against 6 former guards who beat handcuffed prisoners and shocked them with a stungun and a cattle prod. On January 7, 1998, …
Trial Required in Arizona Uprising Suit by The Court of Appeals for the Ninth Circuit reversed a district court decision granting summary judgment to prison officials in a case involving the treatment of prisoners following a prison uprising. In 1995 the Graham Unit of the Arizona State Prison in Safford, …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
Leave to Amend Complaint Wrongly Denied by In a brief ruling, the court of appeals for the Eighth circuit held that a district court erred in dismissing a prisoner's lawsuit without giving him leave to add a retaliation claim to the complaint. Jeffrey Williams, an Iowa state prisoner, was transferred …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
Article • June 15, 2001 • from PLN June, 2001
Harsh Hitching Post Treatment States Claim by An Alabama federal district Court ruled state prisoner Toby Fountain stated a cruel and unusual punishment claim under 42 U.S.C. 1983 for being tied to a hitching post for 9 hours. Alabama DOC authorizes the use of a "restraining bar," that is better …
Guards Use Shotguns to Control Riot by Guards Use Shotguns To Control Riot Guards used shotguns loaded with rubber pellets to break up a riot at Wallens Ridge Prison in Virginia. On Sunday December 3rd, in a deliberate violation of prison procedure, prisoners returning from lunch left the sidewalk and …
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