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Article • February 15, 2003 • from PLN February, 2003
Jury Awards $392,000 for Failure to Protect New York Jail Prisoner by A federal district court in New York has denied a guard's motion seeking judgment as a matter of law, or for a new trial after a jury awarded a prisoner $392,000 total damages for the guard's failure to …
Article • February 15, 2003 • from PLN February, 2003
South Carolina County Pays $276,660 for Illegal Wiretaps on Judges' Telephones by The U. S. Court of Appeals for the Fourth Circuit affirmed a federal district court's $276,660 damage award to South Carolina state court judges who alleged that Greenville County law enforcement officers ran unlawful wiretaps on their telephones …
Prisoner's Estate Survives Summary Judgment on Medical Policy Claims by A federal district court in Michigan held that issues of fact as to whether prison officials adopted a policy discouraging necessary health care precluded summary judgment. Roscoe Young was incarcerated in a prison of the Michigan Department of Corrections (MDOC) …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Sentencing, Good Time, Parole
Good Time on Alaska CS Sentences Subtracted from Aggregate Sentence by The Alaska Court of Appeals held that good time credits for prisoners serving consecutive sentences are subtracted from the entire sentence rather than against each separate sentence. The court also held that prisoners serving more than one sentence receive …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Medical, Muscular
Ohio Appeals Court Upholds § 1983 Medical Care Claim by Ohio Appeals Court Upholds § 1983 Medical Care Claim Ohio's Fourth District Court of Appeals has partially reversed the dismissal of an Ohio prisoner's 42 U.S.C. §1983 complaint filed in state court. Ohio Department of Rehabilitation and Correction (DORC) prisoner …
Article • February 15, 2003 • from PLN February, 2003
Filed under: News, News in Brief
News in Brief by Arkansas: In early January, 2003, Little Rock district court judge Rodney Owens, 55, resigned from the bench a day after he qualified for a state pension. Owens was convicted in July, 2002, of registering a motor home at a fictional address in Oregon to avoid paying …
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
Article • February 15, 2003 • from PLN February, 2003
Ten Percent Surcharge on New Jersey Commissary Purchases Upheld by The U.S. Court of Appeals for the Third Circuit upheld a district court's dismissal of New Jersey prisoners' challenge to a 10 percent surcharge on state prison and jail commissary purchases. In January 1998, the New Jersey legislature passed the …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Texas' Historic Ruiz Lawsuit Settled by Donna Brorby by Donna Brorby and Meredith Martin Rountree One of the biggest prison class actions of our time is over. As appeals by both sides were pending in the Fifth Circuit, the historic Ruiz class action lawsuit against the Texas Department of Criminal …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
$56.5 Million Jury Verdict in Indiana Jail Murder by On May 9, 2002, a federal jury in Indiana awarded $56.5 million dollars in damages to the estate of a jail detainee who was beaten to death by jail guards. This is believed to be the largest jury verdict in Indiana …
Prison Officials Liable for Gang Member's Murder by A federal court in Connecticut de-nied prison officials qualified immunity in an action arising from the murder of a gang member by his cellmate while housed in a Close Custody unit. Juan Rodriguez, a prisoner of the Connecticut Department of Corrections, (CDOC) …
Conclusory Allegations held Not "Some Evidence" in Prisoner Retaliation Claim by Conclusory Allegations Held Not "Some Evidence" in Prisoner Retaliation Claim The Eighth Circuit Court of Appeals has held that conclusory statements referencing investigative reports not in the record cannot be used by prison officials as "some evidence" to show …
Failure to Timely Raise Exhaustion Defense Waives that Defense by Failure To Timely Raise Exhaustion Defense Waives That Defense In a successful class-action 42 USC § 1983 civil rights complaint brought by seriously mentally ill Wisconsin Supermax prisoners for injunctive relief [see 164 F.Supp.2d 1096], prison official defendants' motion to …
Article • February 15, 2003 • from PLN February, 2003
Hawaii SO Notification Law Violates Due Process by The Hawaii Supreme Court held that the state's sex offender notification law violates the due process clause of the Hawaii Constitution by providing public notification without any procedural safeguards. Eto Bani pled no contest to Sexual Assault in the Fourth Degree. The …
Brief • January 30, 2003
Filed under: Excessive Force
Bryant v. Cassaro, CO, Complaint, Excessive Force, 2003
Article • January 15, 2003 • from PLN January, 2003
Filed under: News, News in Brief
News in Brief by Alabama: On May 8, 2002, Mobile county sheriff Jack Tillman fired jail warden Kenneth Cooper for making false statements on his job application. Cooper claimed he had graduated from Valdosta State with a bachelor's degree in physical education. School records indicate he never graduated. Alaska: On …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
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