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Article • August 15, 2009 • from PLN August, 2009
Seventh Circuit Vacates Dismissal for Failure to Prosecute; $50,000 + Fees Awarded Following Remand by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of a prisoner’s suit for failure to prosecute. The appellate court found the severe sanction of dismissal was not justified. Illinois prisoner Amilcar …
Article • August 15, 2009 • from PLN August, 2009
Illinois Court of Appeals: Prisoner Has Standing to Sue Ameritech for Fraud by On July 1, 2008, an Illinois Court of Appeals held that a prisoner had standing to bring a claim against Ameritech for consumer fraud. Johnnie Flournoy, an Illinois state prisoner at the Joliet Correctional Center, filed suit …
Article • August 15, 2009 • from PLN August, 2009
AZ Sheriff Joe Arpaio Loses Three Public Records Cases by by Matt Clarke The Maricopa County Sheriff’s Office (MCSO) and Sheriff Joe Arpaio have lost three public records cases in the Arizona Court of Appeals, including one where they were ordered to pay over $25,000 in attorney fees. The first …
Article • August 15, 2009 • from PLN August, 2009
Colorado Florists Decry Prison Retail Flower Business by David Reutter by David M. Reutter Florists in Colorado are crying out against a prison program that is competing against them, undercutting their prices due to the help of prisoner slave labor. What started as a prison program to keep prisoners busy …
Article • August 15, 2009 • from PLN August, 2009
Filed under: International, Immigration
OK Prisoners Released from Custody Despite Deportation Detainers by The Oklahoma Court of Criminal Appeals ordered two illegal aliens released from custody even though detainers for deportation had been filed with the county where they were being held, because the trial judge didn’t have authority to order them detained and …
Missouri Public Defenders Not Immune from Client Suits by In a case of first impression, the Missouri Court of Appeals held that state public defenders are not entitled to official immunity for acts committed during their representation of indigent criminal defendants. Missouri public defender Arthur Allen represented Bernardo Costa, an …
Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment by The U.S. Court of Appeals for the Eighth Circuit affirmed in part a district court’s denial of qualified immunity to four guards accused of violating a prisoner’s Eighth Amendment rights. William Irving, a …
Article • August 15, 2009 • from PLN August, 2009
Nebraska: Tape-Recorded, Restricted-Calling Prison Telephone System Passes Constitutional Muster by John Dannenberg by John E. Dannenberg The Nebraska Court of Appeals has upheld administrative regulation 205.3 (AR 205.3) of the Department of Correctional Services (DCS), which restricts prisoner phone calls to land-line, nonconference-call recipients and authorizes tape-recording of all non-attorney …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Article • August 15, 2009 • from PLN August, 2009
Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals has reversed a district court’s order granting summary judgment to prison officials in a prisoner’s environmental tobacco smoke (ETS) lawsuit. Getzell Johnson Murrell, Sr., a federal prisoner incarcerated in Beaumont, …
Federal Prison Guards’ Convictions Affirmed in Sex Scandal by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has upheld the convictions of two guards convicted in a sex-for-contraband scheme at the Women’s Federal Correctional Institute in Tallahassee, Florida. PLN previously reported the arrests and indictments in …
Article • August 15, 2009 • from PLN August, 2009
First Circuit Upholds BOP’s Discretion to Limit Halfway House Placement by The U.S. Court of Appeals for the First Circuit upheld the authority of the federal Bureau of Prisons (BOP) to limit halfway house placements. In 2005, the BOP promulgated formal rules categorically limiting halfway house placement to the last …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Mental Health, Suicides
$150,000 Settlement In Missouri Jail Suicide Suit by On May 21, 2008, the Sheriff of Adair County, Missouri agreed to settle a wrongful death suit brought by the family of a prisoner who committed suicide while at the Adair County Detention Center (ACDC). The settlement requires the county to pay …
Article • August 15, 2009 • from PLN August, 2009
Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA by The Fourth Circuit Court of Appeals upheld the constitutionality of excluding prisoners from the right to obtain public records under Virginia’s Freedom of Information Act (FOIA), Va. Code Ann. §§ 2.2-3700 to 3704 (2005). Joseph M. Giarratano, a Virginia state prisoner, …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Article • August 15, 2009 • from PLN August, 2009
Jailhouse Lawyers: Prisoners Defending Prisoners v. The U.S.A., by Mumia Abu-Jamal, Published by City Lights Publishers, ISBN 978-0-8728646-9-6; 286 Pages; $16.95 by Gary Hunter Prisoners helping prisoners with legal issues would not seem strange to most people. But the idea of prisoners protecting the U.S. constitution is a notion not …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Excessive Force, Restraints
$2.1 Million Award in California Prisoner’s Choking Death by A California federal jury has awarded the estate of a prisoner who was choked to death by prison guards $2.1 million. Prisoner Johnny Young, who was mentally ill, died on December 30, 2004, while being restrained by guards at the Richard …
Article • August 15, 2009 • from PLN August, 2009
$10,000 Settlement for Bunk Bed Railing Hitting Prisoner by Washington State’s King County Jail has paid $10,000 to settle a claim for physical injury caused by defective bunk bedding. The bed was not defective until a guard kicked it. During count at the Jail on October 4, 2006, at around …
Article • August 15, 2009 • from PLN August, 2009
Poaching Boast Lands Oregon Prison Guard in Hot Water; Pulls State Trooper Father Down with Him by Mark Wilson Pendleton, Oregon boys pride themselves on their hunting abilities. Deep in the heart of Oregon’s high desert, hunting is an age-old rite of passage and a way of life. Guards at …
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