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PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
No Qualified Immunity for Shackling Prisoner to Hospital Bed by Gregory May, a Cook County, Illinois, prisoner, filed a suit against the Sheriff and Sheriff's Department officials under 42 U.S.C. § 1983, alleging their treatment of prisoners taken to Cook County Hospital is unconstitutional and violates the Americans with Disabilities …
Qualified Immunity Granted at Summary Judgment Stage in Prison Shooting Suit by John E Dannenberg The Ninth Circuit U.S. Court of Appeals held that California prison guards who shot one prisoner in the neck during a yard riot, while allegedly aiming at another prisoner, were entitled to qualified immunity from …
Conditions of Confinement: Washington State Prisoner Sues Over Twelve Harsh Days in Strip Cell by Silja JA Talvi In the early morning hours of February 2, 1998, at Clallam Bay Correctional Center (CBCC), Washington State prisoner Sylvester Mahone felt like he had had enough. Locked up in isolation in one …
Brief • January 31, 2002
Filed under: Burning
Lewis v. Gagne, NY, Complaint, Division of Children and Family Services Abuse Burns, 2002 Case 1:02-cv-00129-DNH-RFT Document 1 Filed 01/31/02 Page 1 of 13 u.s. D\STR\CT COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK N.D. OF N'~11 ~O,t() frt' f FILeD_ (Z.. J;t- t., 2 cc. …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Article • January 15, 2002 • from PLN January, 2002
En Banc Third Circuit Rules on PLRA Three Strikes by In a 134 en banc decision, the Third Circuit Court of Appeals abandoned its prior interpretation of the "imminent danger" exception to the PLRA's "three strikes" rule, 28 U.S.C. § 1915(g), and adopted the interpretation given to the phrase by …
New Jersey Prisoners Exempt from Exhaustion Requirement by New Jersey Prisoners Exempt From Exhaustion Requirement A federal district court has held that New Jersey prisoners are not required to exhaust institution implemented grievance procedures before filing a civil rights suit. New Jersey prisoners Victor Concepcion and Anthony Ways filed suit …
Article • January 15, 2002 • from PLN January, 2002
Colorado ACLU Settles Restraint Board Suit by Ronald Young A monitoring agreement was reached between the ACLU Foundation of Colorado, the El Paso County Board of County Commissioners (BOCC), and the El Paso County Sheriff's Office (EPSO) regarding EPSO's use of a restraint board and Level 3 restraints on jail …
$250,000 in Hawaii Beating Death by In May 2001, the Hawaii prison system paid $250,000 to settle a lawsuit stemming from a prisoner being beaten to death by prison guards. In 1999 Antonio Revera, 26, was serving a 10 year sentence for rape in the Halawa Correctional Facility. While being …
Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Article • December 15, 2001 • from PLN December, 2001
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional by Two District Court Rulings Overturned The Court of Appeals for the Sixth Circuit has overruled two federal magistrates, both of whom, in separate decisions, had previously held that the statutory limitatons on attorneys' fees in prisoner civil rights actions …
Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit by Ronald Young A federal judge in Oklahoma City ruled in May 2001 that the government was negligent in the death of federal prisoner Kenneth Michael Trentadue and ordered the family to be paid $1.1 million for emotional distress. …
Article • December 15, 2001 • from PLN December, 2001
Denial of Treatment for Two Hours Defeats Qualified Immunity by Denial Of Treatment For Two Hours Defeats Qualified Immunity Afederal district court in Alabama has held a detainee's allegations that guards failed to take action on his complaints of chest pains for over two hours defeats qualified immunity. After being …
Excessive Force Claims Not Subject to Exhaustion; Supreme Court Grants Review by The United States Court of Appeals for the Second Circuit held that the exhaustion requirement of the Prison Litigation Reform Act (PLRA) does not apply to assault and excessive force claims. Connecticut state prisoner Ronald Nussle brought a …
Publication • November 16, 2001
Lawmakers Reach Deal on Air Security, Chicago Tribune, 2001 Cbicago, IL Trl.ulII C~ICl8' Mil Arll ~fidiIJ 0122,882 NOV 16. <:lee I 1'11'" • ~II III SECURITY: I ' ' ' ' • " . . . " . " • • ,.' ,., ON CAPITOL HILL Thursday, individual airports hired …
Virginia Settles Juvenile Death Suit for $1.2 Million by In early April 2001, the Virginia Attorney General's office announced it had agreed to settle a wrongful death suit for $1.2 million. In the December 1999 issue of PLN we reported the death of Wallace Dandridge, 16, a developmentally disabled child …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
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