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Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Diabetes, Amputations
Diabetic's Amputation Suit Set for Trial by A federal district court in Illinois has held a diabetic detainee's claim of deprivation of medical treatment is sufficient to deny the doctor's motion for summary judgment. Cook County Jail pre-trial detainee Andrew Spencer filed a 42 U.S. C. §1983 action alleging on …
No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors by No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors The Sixth Circuit Court of Appeals held that prison officials were not entitled to qualified immunity for failing to protect a …
Article • January 15, 2003 • from PLN January, 2003
Colorado Ad-Seg Decisions Subject to Judicial Review by The Colorado Court of Appeals held that administrative segregation (ad-seg) placement decisions are subject to judicial review. Leonard Baldauf, a prisoner of the Colorado Department of Corrections, (CDOC), was placed in adseg and filed a C.R.C.P. 106(a)(4) complaint seeking judicial review of …
7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception by The Seventh Circuit Court of Ap-peals held that the administrative exhaustion provisions of the Prison Litigation Reform Act (PLRA) apply retroactively. In October 1995, federal prisoner Anthony McCoy was housed at the Federal Correctional Institution in Greenville, …
Article • January 15, 2003 • from PLN January, 2003
$27,848.30 Award in Texas Jail Slip and Fall Upheld by An award of $27,848.30 to a pris-oner who slipped and fell on a food spill in a Texas jail has been upheld by a Texas state court of appeals in an unpublished opinion. Mickey Caves, a Dallas County (Texas) Jail …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Reviews, Court Access
A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement by Paul Wright by Columbia Human Rights Law Review, 2002, 1,593 pages Reviewed by Paul Wright The law review staff at Columbia University in New York has published A Jailhouse Lawyer's Manual (JLM) since 1978. Now in its fifth edition, the …
Article • January 15, 2003 • from PLN January, 2003
Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments by The Washington state Supreme Court, sitting en banc, held that the "equal protection clauses of the state and federal constitutions require that less restrictive alternatives (LRAs) to confinement be considered at . . . commitment trials" under RCW …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Brief • January 9, 2003
Spahn v. DOJ, USA, Opinion and Order, Misconduct, 2003 UNITED STATES OF AMERICA MERIT SYSTEMS PROTECTION BOARD 93 MSPR 195 MICHELLE Y. SPAHN, Appellant, DOCKET NUMBER SF-0752-99-0454-I-1 v. DEPARTMENT OF JUSTICE, Agency. DATE: January 9, 2003 George M. Chuzi, Esquire, Washington, D.C., for the appellant. Thomas G. Roth, Esquire, Newark, …
Pratt v. DC, DC,Memo Order of Judgment, Jail Tour Youth Strip Search, 2002 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA VERNELL PRATT, et al., ) ) Plaintiffs, v. DISTRICT OF COLUMBIA, et al., Defendants. ) ) ) ) ) ) ) Civil Action No. 01-1525 (JGP) ECF MEMORANDUM …
Article • December 15, 2002 • from PLN December, 2002
Son of Sam II Law Enacted in California by Son Of Sam II Law Enacted in California In a legislative move designed to circumvent a recent California Supreme Court ruling holding that California's "Son of Sam" law (which prohibited prisoners from profiting from their crime stories) was unconstitutional, Senate Bill …
Article • December 15, 2002 • from PLN December, 2002
Washington Sex Offender Community Placement Dilemma by Roger Smith When "high-risk" sex offenders are released from Washington State prisons their pictures, names, addresses, and offenses are broadcast on the local news. Armed with that information, angry neighbors often drive them from the communities they're released to. With no one willing …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
Article • December 15, 2002 • from PLN December, 2002
Summary Judgment Denied on New York Medical Isolation Conditions by A New York Federal District Court has denied summary judgment on claims that a prisoner's First Amendment right to free exercise of religion was violated by heightened restrictions in medical isolation and a denial of a vegetarian diet. As a …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Sentencing, Parole
Texas Cannot Use Enhancement to Deny Mandatory Supervision by The Court of Criminal Appeals of Texas has held that the fact that a felony has been enhanced to a higher degree felony cannot be used to deny a prisoner mandatory supervision release (MSR). Nathaniel Elbert Coleman, a Texas state prisoner, …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Article • December 15, 2002 • from PLN December, 2002
Filed under: News, News in Brief
News in Brief by California: On April 1, 2002, 30 prisoners at the Pelican Bay State Prison were involved in a riot. Eight Asian and Native American prisoners attacked 20 white prisoners. One prisoner suffered a superficial stab wound and other participants received minor injuries. The riot was halted by …
Article • December 15, 2002 • from PLN December, 2002
Georgia Supreme Court Bans Use of the Electric Chair by In a 4-to-3 decision, the Supreme Court of Georgia upheld a trial court and ruled that death by electrocution violated the state's constitutional protection against cruel and unusual punishment. The high court ordered that all future executions in Georgia will …
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