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Article • February 15, 2002 • from PLN February, 2002
Parole Revoked for Refusing Medication by The Eighth Circuit Court of Appeals has held that parole can be revoked if the parolee refuses medication as part of an agreed mental health treatment plan. Randy Closs, who has a long-term diagnosis of schizophrenia, was granted conditional parole from the South Dakota …
Vague Confidential Information and Gang Allegations Held Insufficient to Justify Close Custody Ruling by John E Dannenberg Connecticut prison authorities' non-specific allegations regarding "past gang affiliation" and "vague [confidential] information" were found to be insufficient to provide due process to inform the basis for an adverse administrative housing hearing, the …
Brief • February 13, 2002
Federick v. U.S., GA, Medical, Wrongful Death, BOP Complaint, 2002 '11.EIJ itj CI.Elll('S Offt« U.8.D C.·A""'� r1u1:;iQ0Z Wirt&A:U/r':r_. ..,... IN THE UNITED STATES DISTRICT COURTII< F'OR THE NORTHERN DISTRICT OF GEORG[A ATLA.J'ITA DIVISION JANIE FEDERICK. as Administrator of the Estate ofRonney Ruff, Deceased, TRINISHA PERRY, Individually and DEMETRIUS PERRY by …
Brief • January 31, 2002
Filed under: Burning
Lewis v. Gagne, NY, Complaint, Division of Children and Family Services Abuse Burns, 2002 Case 1:02-cv-00129-DNH-RFT Document 1 Filed 01/31/02 Page 1 of 13 u.s. D\STR\CT COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK N.D. OF N'~11 ~O,t() frt' f FILeD_ (Z.. J;t- t., 2 cc. …
Article • January 15, 2002 • from PLN January, 2002
Filed under: News, News in Brief
News in Brief by California: On October 24, 2001, a riot at the Santa Clara County Jail in San Jose left 22 prisoners and one guard injured. Guards broke up a fight between four prisoners and placed them in holding cells. Twenty-four prisoners then barricaded themselves in a recreation room …
Article • January 15, 2002 • from PLN January, 2002
No Refund or Cancellation of Filing Fees on Appeal by The Court of Appeals for the Second circuit held that prisoners who proceed in forma pauperis (IFP) on appeal, and later choose to dismiss their appeals before a ruling issues, are not entitled to a refund of the filing fees …
Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
Article • January 15, 2002 • from PLN January, 2002
Michigan Disciplinary Hearing Class Action Settled by A federal district court in Michigan has approved a proposed settlement agreement in a classaction lawsuit against the Michigan Department of Corrections (MDOC). The Court also modified class representation. In 1996, Richard Heit and two others filed a complaint on behalf of themselves …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Eighth Circuit Applies Turner Test to Control Unit Conditions Case by In the first case to apply the "Reasonable Relationship" Test of Turner v. Safley , 482 U.S. 78, 107 S.Ct. 2254 (1987), to a conditions of confinement case, the Eighth Circuit Court of Appeals remanded a district court's decision …
Article • January 15, 2002 • from PLN January, 2002
Prisoners Entitled to Hearing Before Consent Decree Termination by John E Dannenberg by John E. Dannenberg The U.S. District Court's (D.N.H.) PLRA based termination of a 1975 New Hampshire state prison consent decree was vacated and remanded to permit the prisoners an opportunity to demonstrate if there were any "current …
Article • January 15, 2002 • from PLN January, 2002
En Banc Third Circuit Rules on PLRA Three Strikes by In a 134 en banc decision, the Third Circuit Court of Appeals abandoned its prior interpretation of the "imminent danger" exception to the PLRA's "three strikes" rule, 28 U.S.C. § 1915(g), and adopted the interpretation given to the phrase by …
New Jersey Prisoners Exempt from Exhaustion Requirement by New Jersey Prisoners Exempt From Exhaustion Requirement A federal district court has held that New Jersey prisoners are not required to exhaust institution implemented grievance procedures before filing a civil rights suit. New Jersey prisoners Victor Concepcion and Anthony Ways filed suit …
Article • January 15, 2002 • from PLN January, 2002
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
Article • January 15, 2002 • from PLN January, 2002
U.S. Marshal's Conviction for Raping Prisoners Affirmed by The Fifth Circuit Court of Appeals affirmed a United States Marshal's conviction and sentence for raping female detainees and a court security officer in a federal courthouse. As a Deputy United States Marshal, Richard Urrabazo supervised detainees in the cell block of …
Article • January 15, 2002 • from PLN January, 2002
Colorado ACLU Settles Restraint Board Suit by Ronald Young A monitoring agreement was reached between the ACLU Foundation of Colorado, the El Paso County Board of County Commissioners (BOCC), and the El Paso County Sheriff's Office (EPSO) regarding EPSO's use of a restraint board and Level 3 restraints on jail …
California Pays for Guard's Sexual Misconduct by Willie Wisely by W. Wisely California taxpayers must pay $154,212 in damages to a former female prison guard sexually harassed on the job, according to the Sacramento Bee . Ray Collie, the lieutenant who couldn't seem to control his urges, owes just $75,000 …
Indiana Prisoners Riot in CCA Prison by On July 6, 2001, hundreds of Indiana state prisoners held at the Otter Creek Correctional Complex in Wheelwright, Kentucky, rioted. The prison is owned and operated by the private, for profit, Corrections Corporation of America. The riot lasted nine hours and involved prisoners …
$250,000 in Hawaii Beating Death by In May 2001, the Hawaii prison system paid $250,000 to settle a lawsuit stemming from a prisoner being beaten to death by prison guards. In 1999 Antonio Revera, 26, was serving a 10 year sentence for rape in the Halawa Correctional Facility. While being …
Article • January 15, 2002 • from PLN January, 2002
BOP Smoking Suit Dismissed by A federal district court in New York has dismissed a civil complaint filed by 435 federal prisoners against tobacco manufacturers and prison officials. The complaint alleged that tobacco manufacturers and Federal Bureau of Prisons (BOP) director, Kathleen Hawk, conspired to sell as many cigarettes as …
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