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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 …
Section 2241 May Not Be Used to Challenge BOP Prison Placement by by Matthew T. Clarke The Tenth Circuit court of appeals has held that a federal prisoner may not use 28 U.S.C. § 2241 to challenge placement in a certain prison or the conditions in that prison. Christopher John …
Former CCA Captain and Texas Probation Officer Pleads Guilty by On October 25, 2001, Jason Driskell, 27, a former captain at the Corrections Corporation of America (CCA) operated Whiteville Correctional Facility (WCF) in Tennessee, pleaded guilty to obstruction of justice charges in federal court. Driskell admitted that in 1999 he …
Brief • May 2, 2002
Benjamin v. Fraser, NY, Delone Declaration Carr Habeas Corpus, 2002 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------: JAMES BENJAMIN, et al., : Plaintiffs, : against: WILLIAM J. FRASER, et al., : Defendants, : and related cases. -------------------------------------------------------: DECLARATION IN SUPPORT OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM …
"Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John E Dannenberg "Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John Dannenberg Noting that the Eighth Amendment's cruel and unusual punishment clause protects the mental health of …
Article • April 15, 2002 • from PLN April, 2002
D.C. Wrongly Jails Mentally Ill Man for Two Years by D.C. Wrongly Jails Mentally Ill Man For Two Years Joseph Heard, 42, was released from the Washington D.C. jail on August 13, 2001. He served nearly 2 years in solitary confinement in the jail's mental health unit. The problem is …
Article • April 15, 2002 • from PLN April, 2002
From the Editor by Paul Wright In next month's issue we will report the results of our reader survey as well as our matching grant campaign. As this issue goes to press we are still receiving responses to both. A recurring problem for PLN has been some subscribers, especially prisoners, …
Mistakenly Released Prisoners Have No Due Process Rights by The Court of Appeals for the Fourth Circuit has held that prisoners who were released on mandatory supervision then arrested as escaped prisoners and reincarcerated without a hearing had no right to due process. Vincent Henderson, Daryelle Rexrode, and John Calella, …
Wisconsin Medical Care Substandard, Even for Prisoners by Gary Hunter Michelle Greer had asthma, the operative word being had past tense. Her asthma no longer exists because Michelle Greer is dead. On February 29, 2000, at the Taycheedah Correctional Institution, she died of an asthma attack, suffocated by the apathy …
Article • April 15, 2002 • from PLN April, 2002
Texas Prison Warden Pleads Guilty; Prison Workers Arrested in Major Drug Bust by A former Texas prison warden who pled guilty to stealing more than $9,300 from a charity fund was sentenced to 5 years probation by a Coryell County District Court in Gatesville, Texas. On October 18, 2001, Linda …
MCI WorldCom Investigated in Georgia for Phone Overcharges; State Senator Involved by Lonnie Burton MCI WorldCom owns the exclusive contract to provide phone services to the 45,000 prisoners incarcerated in the State of Georgia. Of course, the prisoners are only allowed to place collect calls, and have no choice on …
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