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Alabama Jail Enjoined for "Uncivilized and Hazardous Conditions" by Chief Judge Clemon of the Federal District Court, Northern District of Alabama, has preliminarily enjoined the Morgan County Jail, its sheriff, administrator, and commissioners, and the commissioner and transfer director of the Alabama Department of Corrections (DOC) because of conditions described …
Article • July 15, 2002 • from PLN July, 2002
BOP Finger Amputation States Eighth Amendment Claim by Reversing a lower court ruling, the Tenth Circuit found that a prisoner whose finger fell off after it was re-attached by a prison doctor stated an Eighth Amendment claim for deliberate indifference to his serious medical needs. In June 1999, Horace Oxendine, …
Article • July 15, 2002 • from PLN July, 2002
Ninth Circuit Reverses Dismissal for Failure to Comply with Rules by The Ninth Circuit Court. of Appeals has reversed a California District Court's dismissal of a federal prisoner's suit because the prisoner failed to comply with local court rules in filing an amended complaint. Federal prisoner Alejandro Ordonez filed suit …
Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • July 15, 2002 • from PLN July, 2002
Filed under: News, News in Brief
News in Brief by Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor plea bargain …
Article • July 15, 2002 • from PLN July, 2002
Filed under: Work, Prison Labor
Texas Slavery Upheld Again by The court of appeals for the Fifth circuit held that the Thirteenth amendment does not forbid the forcible enslavement of prisoners and a statutory gap in Texas law was inconsequential when a prisoner claimed statutory authority was required for prison slavery. Ahmad Ali, a Texas …
Article • July 15, 2002 • from PLN July, 2002
No Jurisdiction for Interlocutory Appeal Over Medical Treatment by The Court of Appeals for the Eighth Circuit has held that it lacks jurisdiction to hear an interlocutory appeal filed by a prison doctor. Maurice Moore, an Iowa state prisoner, filed suit, under 42 U.S.C. § 1983, against a prison doctor …
No Jurisdiction for Appeal When Qualified Immunity Not Denied by by Matthew T. Clarke The Court of Appeals for the Eighth Circuit has ruled that it has no jurisdiction to hear an interlocutory appeal of a partial denial of a motion for summary judgment when the district court did not …
Article • July 15, 2002 • from PLN July, 2002
Texas Prisoners Have No Absolute Right to Appear in Civil Cases by by Matthew T. Clarke A court of appeals in Texas has ruled that Texas prisoners have no absolute right to personally appear at legitimation hearings, though they do have the right to appear by affidavit, telephone, or other …
Article • July 15, 2002 • from PLN July, 2002
Illinois Contraband Law Revisited by The Illinois Fifth District Appellate Court has analyzed an amended statute relating to the introduction of contraband. The court held that the amendment mandates a new statutory construction requiring contraband to be actually brought into areas dedicated to prisoner confinement. Pedro Carillo went to visit …
No Qualified Immunity in Illinois Denial of Exercise Claim by The Seventh Circuit Court of Appeals has upheld a Northern District of Illinois Federal District Court decision to deny qualified immunity to prison officials at Stateville Correctional Center (SCC) in Illinois. The underlying case, Delaney v DeTella , 123 F.Supp.2d …
Article • July 15, 2002 • from PLN July, 2002
Interview by One Montana Parole Board Member Violates Due Process by The Montana Supreme Court held that prisoners in that state have a due process and statutory right to personally appear before all Parole Board members who will decide the merits of the prisoner's parole application. Montana prisoner Rodney West …
Article • July 15, 2002 • from PLN July, 2002
Qualified Immunity, Collateral Orders Not Reviewable on Interlocutory Appeal by For want of jurisdiction, the Tenth Circuit Court of Appeals has dismissed the interlocutory appeal of a Bureau of Prisons (BOP) medical director from a district court's denial to the director of summary judgment based on qualified immunity and a …
Religious Discrimination, Unsanitary Food Suit Denied Summary Judgment by The United States District Court for the District of Columbia has partly granted, and mostly denied, the defendants' motions for summary judgment on a District of Columbia (D.C.) prisoner's claims that he was racially discriminated against by the defendants' arbitrary handling …
Article • July 15, 2002 • from PLN July, 2002
Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim by Tenth Circuit Says "Snitch" Label States Eighth Amendment Claim Finding that a guard deliberately labeled a prisoner as a snitch, the Tenth Circuit held the prisoner's Eighth Amendment rights were violated, the prisoner's fear of assault stated an Eighth Amendment …
Article • July 15, 2002 • from PLN July, 2002
Prisoners at Private Federal Prison in California Strike Over Food, Medical Care by Lonnie Burton On November 26, 2001, more than 1,800 prisoners at the Taft Correctional Institution (TCI) refused to report to work in protest of shortcomings in the prison's food and medical care. TCI, a privately run low-security …
Article • July 15, 2002 • from PLN July, 2002
$20,000 Settlement in Montana Jail Strip Search by Eric Lynn agreed to accept a $20,000 out-of-court settlement after complaining that Missoula County policemen violated his civil rights by conducting an improper strip search at the County Detention Center. Lynn, a University of Montana senior, was among a group that protested …
Article • July 15, 2002 • from PLN July, 2002
Resource Directories by The Prisoner's Assistance Directory is a 69-page booklet published by the ACLU's National Prison Project. The Directory gives a 50 state breakdown on legal organizations that represent prisoners in court, prison related publications, activist groups, advocacy and anti death penalty groups and organizations which provide assistance to …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • July 15, 2002 • from PLN July, 2002
Filed under: PLRA, Filing Fees (PLRA)
PLRA Requires Sequential Fee Collection by A Massachusetts federal district court has held that under the Prison Litigation Reform Act (PLRA), indigent prisoners who have filed multiple lawsuits can only be assessed 20% of their total monthly receipts. In other words, the filing fees can only be collected sequentially rather …
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