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U.S. Cited for Human Rights Violations by Gary Hunter On May 15, 2001, at a human rights conference in Geneva, the United States was denounced for its inhumane and discriminatory practices. Amnesty International and the U.N. Committee Against Torture cited the U.S. for oppressive tactics by both public law enforcement …
High Cost of Prison Telephone Calls Goes to Illinois State Court by In a characteristically colorful opinion from Judge Richard Posner, the U.S. Court of Appeals for the Seventh Circuit breathed new life into an otherwise moribund lawsuit where plaintiffs sought relief from the exorbitant charges for collect telephone calls …
Article • May 15, 2002 • from PLN May, 2002
Prison Phone Rate Case Remanded to South Carolina State Court by The United States District Court of South Carolina has remanded to state court a suit by prisoners' family members against Sprint Payphone Services and other communications providers, the State of South Carolina, and the South Carolina Department of Corrections …
Montana Supreme Court Upholds Refusal to Seal Settlement Agreement by The Montana Supreme Court held that prevailing party did not establish that privacy rights of parties outweighed the public's right to know what costs it incurred in a settlement agreement. Steve Pengra brought suit against Montana, contending that the State's …
Wisconsin Ban on Sexually Explicit Materials Unconstitutional by Bob Williams The Federal District Court for the Western District of Wisconsin has denied a motion for summary judgment finding the Wisconsin Department of Corrections' (WDOC) ban on sexually explicit materials violated prisoners' First Amendment freedom of speech and Fourteenth Amendment due …
Article • May 15, 2002 • from PLN May, 2002
Oregon Passes Pay-to-Stay Law by The 2001 Oregon Legislature unanimously passed Senate Bill (SB) 183, authorizing, but not requiring, the Oregon Department (ODOC) to assess prisoners for costs associated with their imprisonment, including "but . . . not limited to, such items as medical care, room, board, administrative costs and …
Grievance Retaliation States Claim by The court of appeals for the Eighth circuit held that a district court erred when it dismissed an Arkansas prisoner's claim that he was subjected to false disciplinary charges in retaliation for filing grievances against a prison employee. The court upheld the dismissal of a …
$400,000 Settlement in Oklahoma Jail Failure to Protect Suit by On April 19, 2001, the insurer for the Garfield county jail in Oklahoma agreed to pay $400,000 to a former jail prisoner who was attacked and beaten by his cellmate. On April 26, 1998, Larry Thomas, then 58, was imprisoned …
Article • May 15, 2002 • from PLN May, 2002
New York Assault and Medical Case Settled for $5,000 by On August 28, 2001, New York state prison officials agreed to pay $5,000.00 to settle a prisoner's lawsuit that he was beaten by prison guards and then denied medical care. In 1993, prisoner Easton Beckford, who is also wheelchair bound, …
Arizona DOC's Endless Isolation of Suspected Gang Member Enjoined by Roger Smith Afederal District Court in Arizona recently enjoined Arizona Department of Corrections (ADOC) officials from indefinitely isolating a prisoner whom they suspect to be a gang member. Mark Koch, an Arizona prisoner and successful prison litigator of long standing, …
Article • May 15, 2002 • from PLN May, 2002
Oregon Jail Settles Taser Suit for $197,000 by In December 2000, the Clackamas county jail in Oregon settled a lawsuit with Stephen J. Thom for $197,000. On July 24, 2000, Thom, who suffered brain damage in a 1981 accident, was drunk and brought to the jail's booking section. While he …
Article • May 15, 2002 • from PLN May, 2002
TDCJ-ID Must Provide Procedures for Prisoners to Identify Evidence Supporting Grievances by by Matthew T. Clarke A Texas court of appeals has ruled that the Texas prison system is required by law to provide procedures for a prisoner to identify evidence to substantiate the prisoner's claim. Charles William Ingram, Jr., …
Article • May 15, 2002 • from PLN May, 2002
Ohio Supreme Court Rules Indigent Sex Predator Gets Paid Expert Witness by The Ohio Supreme Court has held that an indigent defendant in a sexual predator classification hearing is entitled to an expert witness at state expense "if the court determines, within its sound discretion, that such services are reasonably …
$377,500 Awarded in Tennessee Jail Death by In September 2001, a federal jury in Memphis, Tennessee, awarded $377,500 in damages to the estate of a mentally ill jail prisoner killed by guards. In November 1996, Calvin Shaw, a paranoid schizophrenic, was arrested on sexual assault charges and imprisoned at the …
Illegal Strip Searches Cost Chicago Jail $6.8 Million by Lonnie Burton In July 2001, the Cook County, Illinois Board of Supervisors unanimously agreed to end a five-year long class-action suit brought by female prisoners who alleged that the strip-searches they were subjected to at the Cook County jail were unconstitutional. …
Article • May 15, 2002 • from PLN May, 2002
BOP Prisoner Release Public Notification Required Only If Current Offense Qualifies by John E Dannenberg by John E. Dannenburg ( The Fifth Circuit US Court of Appeals held that the statute requiring public notification of the release of federal prisoners convicted of drug trafficking or a crime of violence applied …
Article • May 15, 2002 • from PLN May, 2002
$50,000 Settlement in D.C. Retaliation Suit by In the January 2001, issue of PLN we reported Garcia v. District of Columbia, 56 F. Supp.2d 1 (D DC 1998) in which the district court denied prison guards' motion for summary judgment. District of Columbia prisoners Freda Garcia, Lawrence Caldwell and Antonio …
Rape and Racism in Washington Prisons by The Second Division of the Court of Appeals of Washington overturned a jury verdict against the Washington Department of Corrections (DOC) in which a prison sergeant sued DOC for racially discriminatory treatment against him. Geronimo Subia is a male prison sergeant of Native …
Compelled Attendance at AA/NA Violates Establishment Clause by Compelled Attendance At AA/NA Violates Establishment Clause The Washington Court of Appeals has held that it violates the Establishment Clause of the First Amendment for the DOC to force a prisoner to attend AA/NA meetings as a part of its chemical dependency …
Article • May 15, 2002 • from PLN May, 2002
Wisconsin Jail Settles Escape Lawsuit with Escapee by In September, 2001, Wausau Insurance, the insurer for the city of Shawano, Wisconsin, agreed to pay Nicholas Bishop, 22, $5,000 to settle a lawsuit Bishop had filed against the city in federal court in Madison. The lawsuit claimed that two city policemen …
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