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Brief • January 2, 2001
Diaz v. Suffolk County Sheriff, MA, Complaint, Excessive Force, Discrimination, 2001 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. SUPERIOR COURT C.A. NO. 99-3956G ******************************* MANUEL DIAZ, et al * * plaintiff * * v. * * SUFFOLK COUNTY SHERIFF * RICHARD ROUSE, * SGT. E. MATICCI, and * several JOHN DOES * …
Excessive Force Claims Require Administrative Exhaustion by The court of appeals for the Sixth circuit held that prisoners filing suit seeking only money damages for excessive use of force by prison employees must exhaust their administrative remedies before they file suit. Dwight Freeman, an Ohio state prisoner, filed suit seeking …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
Illinois Supermax Hunger Strike by Dan Pens By Dan Pens Displaying remarkable solidarity while encaged under unimaginably oppressive conditions, more than half of the 273 prisoners at the Tamms Supermax prison in downstate Illinois began a hunger strike by refusing their breakfast on May 1,2000. Prison officials said 173 prisoners …
Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
PA Prisoner Awarded $300,000 in Guard Beating by On February 29, 2000, a federal jury in Pittsburgh, Pennsylvania awarded Pennsylvania prisoner Raymond Pryer $300,000 in damages for a beating he suffered at the hands of prison guards. On September 27, 1990, Pryer complained that a guard at the State Correctional …
Stun Gun Death in VA Prison by After being electrocuted repeatedly by a stun gun, Lawrence James Frazier was strapped to a bed where he lapsed into a coma and never recovered. During a struggle with guards, Frazier was electrocuted 3 times by an Ultron II stun device that delivers …
Corcoran Show Trial Ends with Acquittals by Dan Pens Corcoran Show Trial Ends With Acquittals The saga of Corcoran's infamous SHU shootings ended June 8, 2000 when a jury acquitted eight California prison guards of federal charges that they entertained themselves by staging gladiator-style fights among prisoners from rival gangs. …
Pelican Bay's Bloody Wednesday by Willie Wisely By W. Wisely On Wednesday, February 23, 2000, one of the bloodiest riots in California prison history broke out among some 200 Black and Latino prisoners. The violence erupted at the state's infamous Pelican Bay prison. Guards sprayed rioting prisoners on the B …
Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Nassau Jail Guards Convicted, Sentenced for Fatal Beating by Two Nassau County (NY) jail guards who fatally beat an unarmed jail detainee were sentenced May 26, 1999, to 11 years in federal prison, and a jail supervisor who tried to cover up for them received nearly 6 years. In the …
Article • October 15, 2000 • from PLN October, 2000
Nominal Damages Not Monetary Award Under PLRA Attorney's Fees Cap by A federal district court in Maine has held that the award of one dollar in nominal damages does not invoke the PLRA attorney's fees cap, 42 U.S.C. § 1997e(d)(2). Raymond P. Boivin, a Maine state pre-trial detainee, sued a …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
Article • October 15, 2000 • from PLN October, 2000
$50,000 to Settle CA Jail Beating Suit by In April 2000, Sacramento county paid $50,000 to settle a prisoner's excessive force lawsuit that two Sacramento county jail guards, later fired for assaulting another prisoner, also beat him. Troyd Ransom was in the Sacramento county jail on a parole hold in …
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
Publication • October 4, 2000
Firearms Policy Manual, Department of Interior, 2000 Department of the Interior Departmental Manual Effective Date: 10/4/00 Series: Law Enforcement and Security Part 446: Law Enforcement Chapter 10: Firearms and Other Defensive Equipment Originating Office: Office of Managing Risk and Public Safety 446DM10 10.1 Purpose. This chapter establishes uniform policy concerning …
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
Article • September 15, 2000 • from PLN September, 2000
Penis Stomping Guard Loses Appeal by In the July '99 issue of PLN we reported the conviction of former Orleans County Jail (Albion, NY) Lieutenant John Walsh on three counts of violating the civil rights of jail detainee Norvin Fowlks. Walsh was alleged to have tormented and abused Fowlks, who …
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