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Article • December 15, 2001 • from PLN December, 2001
Sixth Circuit Rules PLRA Attorneys' Fees Cap Provisions Not Unconstitutional by Two District Court Rulings Overturned The Court of Appeals for the Sixth Circuit has overruled two federal magistrates, both of whom, in separate decisions, had previously held that the statutory limitatons on attorneys' fees in prisoner civil rights actions …
Prisoners Stage Sit Down at CCA Run New Mexico Prison by Gary Hunter Over 650 prisoners engaged in an apparently spontaneous protest at a Federal prison in New Mexico. On Monday, April 13, 2001, prisoners at the Cibola County Correctional Center congregated in the recreation yard and refused to leave. …
Arizona CCA Prison Found 'In Turmoil' by Ronald Young Hawaii officials found a prison "in turmoil" while inspecting a Florence, Arizona prison where about 560 Hawaii prisoners are being warehoused. The prison is operated by Nashville based Corrections Corporation of America. An inspection of the prison conducted in April 2001 …
$1.5 Million Awarded in CDC Medical Neglect Suit by $1.5 Million Awarded In CDC Medical Neglect Suit In November 2000, a jury awarded the Estate of Mark Holton and Amanda Holton a total of $1.5 million in costs and damages, as well as $279,000 in attorneys' fees, in a civil …
Article • December 15, 2001 • from PLN December, 2001
$100,000 Awarded in Arizona Medical Indifference Case by Lonnie Burton In January 2000, the Ninth Circuit Court of Appeals upheld a jury verdict awarding $100,000 to a former Arizona prisoner who was refused medical treatment while at the Maricopa County Jail. In late 1994, Daniel Hawkins was arrested and booked …
Washington Enacts Sweeping New Sentencing Laws, Creates Parole Board for Sex Offenders by Lonnie Burton Washington Governor Gary Locke recently signed into law the biggest changes to that state's sentencing laws since the Sentencing Reform Act of 1984 (SRA) was established. The Bill, known formally as Third Engrossed Substitute Senate …
Medical Monitoring Suit Settled for $675,000 by Oregon State Prisoners' Class Action Victory A class action lawsuit by Oregon prisoners involved in radiation experiments from 1963 to 1973 and still living as of December 31, 1997, who were not treated under Oregon's Medical Monitoring Statute (MMS) was settled for $675,000 …
Article • December 15, 2001 • from PLN December, 2001
Oregon Radiation Suit Settled for $1.5 Million by On April 24, 2001, a class action lawsuit by Oregon prisoners who participated in radiation experiments from 1963 to 1973 was settled for $1,517,000 in damages, attorneys' fees, costs and expenses. Sixty_seven prisoners at the Oregon State Penitentiary participated in experiments in …
Washington Supreme Court Rules Imprisoned Children Entitled to Education by Patricia Arthur In a case of first impression, the Washington Supreme Court has ruled that prisoners in Washington State under the age of eighteen have a fundamental right under the Washington State Constitution to an education while in prison. [See: …
Article • December 15, 2001 • from PLN December, 2001
Habeas Hints: AEDPA Update 2001 by Kent Russell This column is intended to provide "habeas hints" for prisoners who are considering or handling habeas corpus petitions as their own attorneys (in pro per). The focus of the column is habeas corpus practice under the AEDPA, the 1996 habeas corpus law …
Article • December 15, 2001 • from PLN December, 2001
New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners by In the April 2001 issue of PLN we reported Friedl v. City of New York , 210 F.3d 79 (2nd Cir. 2000) in which Walter Friedl, a New York Department of Correctional Services (DOCS) prisoner on work …
Article • December 15, 2001 • from PLN December, 2001
Arizona Supreme Court Upholds Application of Gate Money Amendments by The Arizona Supreme Court, sitting en banc , held that amendments to Arizona's "Gate Money" statute were not applied retroactively and did not violate due process or ex post facto prohibitions. Arizona prisoner Reinhold Zuther was convicted in 1992. At …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Sentencing, Detainers
U.S. Supreme Court Holds Violation of IAD's Anti-Shuttling Provisions Requires Dismissal by The United States Supreme Court held that the "anti-shuttling" provision of Article IV(e) of the Interstate Agreement on Detainers (IAD) requires dismissal of the pending criminal charge(s) in the receiving state when the prisoner is returned to the …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Article • December 15, 2001 • from PLN December, 2001
Filed under: Civil Procedure, Appeals
Failure to Sign Notice of Appeal Not Jurisdictional by In a unanimous decision, the United States Supreme Court held that although the Federal Rules of Appellate Procedure (FRAP) require that a notice of appeal be signed, the failure to sign a timely notice did not require the Court of Appeals …
Supreme Court Eliminates "Catalyst Theory" Fee Awards by Supreme Court Eliminates "Catalyst Theory" Fee Awards In a 54 decision, the United States Supreme Court held that the "catalyst theory" is no longer a permissible basis for an award of attorneys' fees to "prevailing parties" under fee shifting statutes such as …
Article • December 15, 2001 • from PLN December, 2001
Florida DOC Clears Itself of Racism Charges by The September 2001 issue of PLN reported on a series of lawsuits filed by black prison employees against the Florida Department of Corrections, as well as racist brutality by Florida prison guards. Florida DOC Secretary Michael Moore at the time promised to …
Family of BOP Prisoner Awarded $1.1 Million in Wrongful Death Suit by Ronald Young A federal judge in Oklahoma City ruled in May 2001 that the government was negligent in the death of federal prisoner Kenneth Michael Trentadue and ordered the family to be paid $1.1 million for emotional distress. …
Race-Based Religious Policy Unconstitutional by The Court of Appeals for the Fourth Circuit has held that prison officials' denial of Native American religious items to a non-Native American prisoner based solely upon his race violates the Equal Protection Clause of the Fourteenth Amendment. Virginia prisoner Gary David Morrison, Jr., filed …
Article • December 15, 2001 • from PLN December, 2001
PLRA Bars Mental and Emotional Damages for Asbestos Exposure by The Fifth Circuit Court of Appeals has held that a prisoner may not recover damages for mental and emotional injuries due to his exposure to asbestos and other health-threatening prison conditions. Johnny Ray Herman, a Louisiana state prisoner, filed suit …
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