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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 …
Article • June 15, 2002 • from PLN June, 2002
Texas Appeals Court Grants Prisoner Mandamus on Discovery by by Matthew T. Clarke A state appeals court in Texas has conditionally granted a prisoner's petition for a writ of mandamus to order the judge of a Texas state district court to hear and rule upon the prisoner's request for discovery …
Article • June 15, 2002 • from PLN June, 2002
Complaints Must Be Concise, To the Point by The court of appeals for the Eleventh circuit held that a district court erred when it dismissed a former pre trial detainee's Bivens suit for lack of jurisdiction and for failing to state a claim. The court chastised the plaintiff's attorney for …
Brief • June 13, 2002
Plata v. Davis, CA, Stipulation for Injuctive Relieft, Medical Neglect, 2002 1 2 3 4 5 6 7 8 9 10 FILffi BILL LOCKYER, Attorney General of the State of California PETER J. SIGGINS, Chief Deputy Attorney General ROBERT R. ANDERSON Chief Assistant Attorney General PAUL D. GIFFORD Senior Assistant …
Brief • June 12, 2002
Prison Legal News v. Schumacher, OR, Amended Complaint, DOC Mail Censorship, 2002 1 2 3 4 5 6 7 8 9 10 11 12 13 MARC D. BLACKMAN RANSOM BLACKMAN LLP 1001 S.W. Fifth Street, Suite 1400 Portland, OR 97204 (503) 228-0487 (telephone) (503) 227-5984 (facsimile) marc@ransomblackman.com OSB No. 73033 …
Lake et al v. State of Washington, WA, Complaint, DOC employee litigation sexual harassment, 2002 • ... ,. / . .. J \ 1 ~ed9ed F:ecelpt11lll FILED, C:" 1!Ie~g~~bL~~~w,.~H9~~t%t .r:t:-daYOf~,200~-~ 2 3 :... ::: '" ".': !) M -. ,'! J ,; ;. 4 ", •.• I . .~ '. …
Brief • June 3, 2002
Filed under: Medical
Small v. Los Angeles, CA, Settlement, Jail Medical Neglect, 2002 June 3, 2002 Honorable Board of Supervisors 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 900l2 Re: Larry Small and Rosa Small v. County of Los Angeles Los Angeles Superior Court Case No. BC 208 …
Publication • 2002
Filed under: Contractor Misconduct
Federal Bureau of Prisons, Management of Construction Contracts, 2002 FEDERAL BUREAU OF PRISONS MANAGEMENT OF CONSTRUCTION CONTRACTS EXECUTIVE SUMMARY The Federal Bureau of Prisons’ (BOP) mission is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, and appropriately secure. The …
Placement of Homeless Persons with Severe Mental Illness in Supportive Housing, University of Pennsylvania, 2002 Culhane.qxd 5/28/02 10:26 AM Page 107 · Housing Policy Debate Volume 13, Issue 1 © Fannie Mae Foundation 2002. All Rights Reserved. 107 107 Public Service Reductions Associated with Placement of Homeless Persons with Severe …
Tenth Circuit Discusses Religious Rights in BOP by Yu Kikumura is a federal political prisoner and member of the Japanese Red Army, who has been greatly harassed by authorities during his incarceration. His religious practices mix Buddhism and Christianity. Beginning in 1997, Kikumura tried to obtain pastoral visits from Reverend …
Ohio Prison Supervisors Possibly Liable for Employing Known Racist Guard by The Sixth Circuit Court of Appeals has reversed a district court's grant of summary judgment to Ohio prison officials and remanded for trial a case involving alleged official indifference to the actions of a known racist guard. The appeals …
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