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The Ride: Rise of the NLR by Willie Wisely THE RIDE: Rise of the NLR By W. Wisely With virtually all confirmed members of the Aryan Brotherhood indefinitely sentenced to Pelican Bay's infamous SHU, a new group moved in to fill the void on California prison yards. The pace of …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
$1.75 Million in Oregon Excessive Force Jail Settlement by On March 29, 2000, the Klamath County Jail in Medford, Oregon, paid $1.75 million to settle an excessive force lawsuit filed by a former jail detainee. In 1997 Dana Lecomte was in the Klamath county jail on charges of driving with …
Article • August 15, 2000 • from PLN August, 2000
California Statute of Limitations Tolled by The U.S. Court of Appeals for the Ninth Circuit has held that; (1) amended California tolling statute could be retroactively applied to former prisoner's claim; and (2) former prisoner was not entitled to equitable tolling. David Fink, a former California prisoner, filed a civil …
DOJ Sues Wackenhut Juvenile Prison by Gary Hunter In March, 2000, six teenage boys, brutalized by guards in a Wackenhut prison in Jena, Louisiana, were removed by the judge who sentenced them. State Judge Mark Doherty of Orleans Parish Louisiana was so appalled by their treatment that he made a …
Exhaustion Requirement Discussed, $86,250 Beating Award Upheld by The Sixth Circuit Court of Appeals held that the term prison conditions, as used in the Prison Litigation Reform Act at §1997e(a), includes claims of excessive force, thereby subjecting prisoner claims to the Act's administrative exhaustion requirement. The court also held that …
Article • August 15, 2000 • from PLN August, 2000
$800,000 Settlement in AZ Jail Restraint Suit by In August, 1999, the Maricopa County board of supervisors, approved an $800,000 settlement for a pretrial detainee subjected to excessive force in the Maricopa County (Phoenix) Jail in Arizona. Richard Post, a wheelchair bound paraplegic was arrested and taken to the county …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Brief • July 31, 2000
Jama v. Esmor Correctional Services, NJ, Deposition, Immigration Beating, 2000 1 1 2 UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF NEW JERSEY 4 5 6 7 8 9 10 11 12 13 14 - - - - - - - - - - - - - - - …
Brief • July 17, 2000
Filed under: Injury -- Misc., Burning
Bowman v. District of Columbia, DC, Release, Inmate Burn Injury, 2000 , Memorandum • Government of the District of Columbia RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, NEAL BOWMAN, Va. # 266-327. residing at Sussex" State Prison, 24427 Musslelwhit Drive, Waverly, Vrginia 23891-2, for consideration of the sum …
$47,500 Settlement in Pennsylvania Restraint Suit by In May, 1999, the Northampton County Prison (NCP) paid Maria Merced $47,500 to settle a "hogtying" lawsuit she had filed. In August, 1996, while awaiting trial in the NCP, Merced argued with a guard and eventually spat on him. A number of guards …
Showing Of Malice Under Eighth Amendment Excessive Force Test Not Required For Sexual Assault Claim by Ronald Young By Ronald Young The court of appeals for the Tenth Circuit held that it was plain error to instruct a jury that, to find a prison guard liable on excessive force claim …
Article • July 15, 2000 • from PLN July, 2000
Restrained Washington Prisoner Exonerated in Assault on Guard by Terry A Kupers by Terry A. Kupers and Marybeth Dingledy Rodney Gitchel had been in 4-point restraints for two months inside the Special Offenders Center (S.O.C.) at the Monroe Correctional Complex in Washington when he struggled free of the restraints and …
Wisconsin Prisoners Rebel at Private Tennessee Prison by On November 30, 1999, Wisconsin state prison officials were touring the Whiteville Correctional Facility (WCF) in Tennessee. The prison is operated by Corrections Corporation of America (CCA) and houses 1,500 Wisconsin prisoners. Just minutes after WCF warden Percy Pitzer led an entourage …
Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit by Ronald Young By Ronald Young The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a …
Article • June 15, 2000 • from PLN June, 2000
$15,000 Awarded to Ohio Prisoner Beaten by Guards by On July 2, 1999, a federal jury in Columbus, Ohio, awarded Ohio prisoner James Morrison 115,000 in damages. Morrison filed suit claiming he was taken to a secluded area of a prison (unnamed in reports), where he was beaten and kicked …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
Publication • 2000
Asphyxial Death During Prone Restraint Revisited, O'Halloran and Frank, 2000 The American J ournal of Forensic Medicine and Pathology ©2000 Lippincott W illiams & Wilkins , Inc., Philadelphia 21(1):39- 52, 2000. Asp:Q.yxial Death During Prone Restraint Revisited A Report of 21 Cases Ronald L. O'Halloran. M.D .• and Janice G. …
City Liable for Jail Sex Shows and Nude Dancing by PLN has extensively reported on the prevalence of sexual assault and sexual harassment of women prisoners in District of Columbia prisons and jails. In "Our Sisters Keepers," by Daniel Burton Rose, [PLN, Feb. 1999] we reported on women prisoners in …
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