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Failure to Protect States Claim in High Profile Case by The Court of Appeals for the Seventh Circuit has held the failure to protect a pre-trial detainee in a highly charged and well-publicized case states a claim. Morritz Weiss, a white male, was the principal suspect in the rape of …
Article • April 15, 2002 • from PLN April, 2002
Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis by John E Dannenberg Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) …
Article • April 15, 2002 • from PLN April, 2002
En Banc Third Circuit Defines Religious Standard by by Matthew T. Clarke The federal Court of Appeals for the Third Circuit sitting en banc has ruled that the centrality of a religious belief to a prisoner's religion is not a factor in whether the belief must be accommodated by prison …
$147,000 Paid for 3-1/2 Hour Overdetention and Strip Search of Mistaken Arrestee by John E Dannenberg The Eighth Circuit Court of Appeals upheld a jury verdict of $100,000 against the Little Rock, Arkansas police when, after a judge ordered the release of a mistakenly arrested woman, they failed to promptly …
Article • April 15, 2002 • from PLN April, 2002
$250,000 Award for Paraplegic Dallas County Jail Prisoner by $250,000 Award For Paraplegic Dallas County Jail Prisoner by Matthew T. Clarke A paraplegic Texas prisoner has been awarded a quarter million dollars for pain and suffering caused by conditions in the Dallas County Jail (the jail). Brent Lawson, a Texas …
Article • April 15, 2002 • from PLN April, 2002
Defendants Denied Summary Judgment in Wrongful Incarceration Suit by Defendants Denied Summary Judgment In Wrongful Incarceration Suit An Indiana federal district court has partially denied summary judgment and the qualified immunity defense to defendants at the Allen County (Indiana) Jail in a case involving wrongful imprisonment. Shakidi Johnson was arrested …
Pennsylvania Youths Have No Right to Education by The Court of Appeals for the Third Circuit has held that Pennsylvania youths sentenced as adults and sentenced to county detention centers have no right to an education. This was a class action suit filed by school-aged youths against the Pennsylvania Department …
Johnson v. Johnson, TX, Complaint, Rape by Prisoner, 2002 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS WICHITA FALLS DIVISION RODERICK KEITH JOHNSON (#623028), Michael Unit, Tennessee Colony, Texas, ) ) ) Plaintiff, ) ) v. ) ) GARY JOHNSON, Executive Director, Texas ) Department of …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Work, Prison Industries
Prison Coffee and Games: Starbucks and Nintendo Admit Their Contractor Uses Prison Labor by Erica C Barnett by Erica C .Barnett Most people assume that prisoners, especially those convicted of felonies like rape and murder, spend their days stamping license plates, making furniture for state offices, and digging ditches along …
No Qualified Immunity for Prison Officials Who Upheld Grievance by In a scathing opinion written in the first person, Elaine Bucklo, a federal judge in Illinois, handed down a potentially far-reaching ruling which favored a prisoner complaining of inadequate medical care, denied qualified immunity to prison medical workers, and found …
Article • March 15, 2002 • from PLN March, 2002
Recent Significant Decisions by Reaves, Jr, Walter M by Walter M .Reaves, Jr. The following is a summary of some of the more significant recent decisions on issues important to prisoners. Search and Seizure InUnited States v. Osage, 235 F. 3d 518 (10th Cir. 2000), the Court addressed the scope …
Article • March 15, 2002 • from PLN March, 2002
Qualified Immunity Upheld for Probation Officer in HIV Privacy Action by The Court of Appeals for the Tenth Circuit has found that there is a right to privacy in non-disclosure of HIV status by government employees but granted qualified immunity to a probation officer since the law was not clearly …
Article • March 15, 2002 • from PLN March, 2002
State Prisons Abrogate Attorney-Client Mail Privilege by Just as the federal government has seized on the events of September 11, 2001, to push for a long list of previously desired powers and restrictions on civil liberties, state prison systems have done the same. Several states, including Massachusetts, Virginia, New Jersey, …
Article • March 15, 2002 • from PLN March, 2002
Pennsylvania's Released Felons Granted Right to Register to Vote by An intermediate court of appeals in Pennsylvania struck down a voter registration law that prohibited convicted felons from voting for 5 years after their release from prison. Lorenzo Mixon and five present and former prisoners filed a lawsuit challenging Pennsylvania …
Article • March 15, 2002 • from PLN March, 2002
Equitable Tolling May Apply to Administrative Exhaustion by The Arizona Court of Appeals reversed a trial court's grant of summary judgment against a prisoner for failure to file a tort claim notice with the Attorney General's office within 180 days of his injury as required by ARS § 12821.01(A). On …
The Cost of Medical Neglect in Washington Prisons by Sam Rutherford By Sam Rutherford The case, Corner v. State of Washington , [see page 6] is only one of many medical neglect suits that the Washington Department of Corrections (DOC) has settled. In fact, below is a comprehensive list of …
Article • March 15, 2002 • from PLN March, 2002
Washington DOC Virtually Uninsurable by In the May, 2001, issue of PLN we reported the soaring cost of negligent parole supervision cases against the Washington Department of Corrections (DOC) in the past year, totaling over $50 million in verdicts and settlements at that time .One result of that steady stream …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Civil Procedure, Appeals
Pro Se Appellants Must Cite Authority by The Court of Appeals for the Seventh Circuit held that pro se prisoner litigants must cite supporting authority when they appeal adverse judgments. The ruling is especially important for pro se litigants in states that have inadequate, or nonexistent, prison law libraries. Illinois …
Idaho's Prison Labor Scandal by Silja JA Talvi by Silja J.A. Talvi Over the past decade, Idaho's state prison system has been rocked by a steady stream of scandals ranging from the sexual abuse of prisoners to the violation of prisoners' First Amendment rights. But nothing has shaken the Idaho …
Stun Gun, Four-Point Restraint Use Curtailed in Virginia Prisons by Because Connecticut's prisons were overfull, Lawrence Frazier was sent to Virginia to serve his time. He didn't go home alive. He died in a Richmond hospital of cardiac arrhythmia after prison guards repeatedly shocked him with an Ultron II stun …
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