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Ex-Ohio Sheriff's Deputy Wins $650,000 Verdict Against CMS for Prisoner Escape by Franklin County (Ohio) prisoner Alva Campbell was escorted to court in April 1997 while in his wheelchair, unable to walk. He was not handcuffed or otherwise restrained and was being guarded only by then-Franklin County Deputy Sheriff M. …
Article • June 15, 2002 • from PLN June, 2002
Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …
U.S. Supreme Court: Administrative Exhaustion Required for All Prisoner Section 1983 Suits by John E Dannenberg by John E. Dannenberg The US Supreme Court ruled that under the Prison Litigation Reform Act (PLRA), exhaustion of administrative remedies is required in all prisoner civil rights suits pertaining to prison life, regardless …
Summary Judgment Denied in Ohio Jail Booking Fee Challenge by Robert Woodman In a case of first impression, an Ohio Federal District Court denied summary judgment to the Hamilton County [Ohio] Sheriff and the Hamilton County Board of Commissioners in a former jail prisoner's challenge to Hamilton County's assessment of …
Article • June 15, 2002 • from PLN June, 2002
U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial on Merits by John E Dannenberg U.S. Supreme Court: Qualified Immunity Determination Must Precede Trial On Merits by John E. Dannenberg The US Supreme Court held in a suit against a military police (MP) officer for use of excessive force in …
Article • June 15, 2002 • from PLN June, 2002
$1,500 Awarded in New York Slapping Case by A New York federal district court has held that minor injury incurred from excessive force by a prison guard is actionable, and awarded damages after a bench trial. The court found it was undisputed that while prisoner Larenzo Romaine was housed at …
Article • June 15, 2002 • from PLN June, 2002
California Jury Awards $1 Million in Jail Rape by On November 20, 2001, a Los Angeles county jury returned a $1 million verdict to 39 year-old Jay Reynolds, a former jail detainee who was raped by his cellmates after a judge ordered his release from jail. Reynolds was arrested in …
Article • June 15, 2002 • from PLN June, 2002
Punch & Jurists: Criminal Law News You Can Use by Paul Wright One reason PLN doesn't expand its coverage into criminal law is because other publications already do a good job covering it and we see little point in duplicating those efforts. Punch and Jurists is, bar none, the best …
Article • June 15, 2002 • from PLN June, 2002
Third Circuit Vacates $300,000 Beating Award, Orders New Trial by by Matthew T. Clarke The Third Circuit Court of Appeals has vacated a $300,000 jury award in a prisoner's excessive-use-of-force suit and ordered a new trial for liability and damages. Raymond T. Pryer, a Pennsylvania state prisoner, filed a civil …
Disciplinary Board Must Assess Confidential Informant's Reliability by The court of appeals for the Fifth Circuit has held that the failure of a disciplinary hearing officer to find a confidential informant's tip was reliable violates a prisoner's right to due process. While housed at Texas' Eastham Unit, prisoner Morris Broussard …
Three Arkansas Guards Sentenced in Beating by On August 22, 1999 Arkansas prisoner Terry Botts received a beating at the Arkansas Regional Unit in Brickeys by three guards while his hands were handcuffed behind his back. The guards determined the severity of the injuries he sustained would not require hospitalization, …
Article • June 15, 2002 • from PLN June, 2002
New Mexico Caps High Telephone Rates by The governor of New Mexico signed a bill in February 2001, prohibiting prisons from profiting on prisoners' phone calls, which was exceeding 10 times the regular competitive rates with a 15 minute call costing up to $20. The Public Communications Services, a Los …
Washington Infraction Invalid Where No Notice of Prohibited Conduct Given by The Washington Court of Appeals recently held that due process requires prior notification of prohibited conduct before prison officials may infract and punish prisoners for engaging in such behavior. Because the court found that the prisoner in the case …
ADA/RA Suit for Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E Dannenberg ADA/RA Suit For Sign Language Interpreters Proceeds for Prospective Injunctive Relief by John E. Dannenberg The Eighth Circuit US Court of Appeals ruled that a deaf-mute Missouri State prisoner's ADA (Americans with Disabilities Act) and …
Article • June 15, 2002 • from PLN June, 2002
Tenth Circuit Vacates Religious Diet Awards Under PLRA Physical Injury Rule by by Matthew T. Clarke The Tenth Circuit held that the PLRA forbids recovery of compensatory damages for violations of the right to exercise a religious preference absent proof of physical injury. Jimmy Searles, a Kansas state prisoner, filed …
Forced AA/NA for Parolee Defeats Qualified Immunity by A Wisconsin federal district court has held that officials are not entitled to qualified immunity when they require atheist parolees to participate in religious based substance abuse programs. John Bausch, a former prisoner and parolee, filed an action under 42 U.S.C. § …
Article • June 15, 2002 • from PLN June, 2002
California Jail Settles Rape Case for $95,000 by On November 19, 2001, the city of Santa Ana, California, agreed to pay $95,000 to an unidentified former jail detainee who was beaten and raped by his cellmate, to settle a lawsuit stemming from the attack. The 32-year-old unnamed accountant plaintiff was …
TDCJ Not Immune from Suit in Medical Malpractice Death Case by A Texas state court of appeals has held that the Texas Department of Criminal Justice (TDCJ) does not enjoy sovereign immunity from being sued in a medical malpractice/wrongful death case. Charles Edwin Miller, III, was a Texas state prisoner …
Jail Policy to Not Segregate Gangs Does Not Violate Constitution by John E Dannenberg Jail Policy To Not Segregate Gangs Does Not Violate Constitution by John E. Dannenberg The Seventh Circuit US Court of Appeals ruled that the Cook County (Chicago), Illinois jail did not violate the Constitution by failing …
Denial of Grievance Forms Is Denial of Remedy by The Court of Appeals for the Eighth Circuit held that a prisoner's "Motion to Reinstate Cause" after dismissal of a 42 U.S.C. §1983 action alleged facts to raise an inference he had exhausted his "available" remedies. While an Arkansas Department of …
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