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Arizona Judgment Seizure Statute Upheld; Fees Protected by An Arizona appellate court has held that a state law allowing the Arizona Department Of Corrections (DOC) to seize 80% of all money won in prisoner lawsuits is valid under that State's constitution. Charles Holly, an Arizona prisoner, sued that State after …
Retaliation Complaint Not Frivolous if Not Irrational or Wholly Incredible by The Seventh Circuit Court of Appeals reversed the District Court's dismissal of Illinois prisoner Terry Johnson's 42 USC §1983 complaint wherein he complained nurse Debbie Stovall filed false disciplinary charges against him in retaliation for his having filed a …
Retaliation Claim Not Foreclosed by Sandin by The Court of Appeals for the Third Circuit held that a prisoner's civil rights complaint for damages due to administrative segregation placement was not foreclosed by the U.S. Supreme Court's Sandin "atypical hardship" rule, when the administrative segregation placement was alleged to be …
Article • August 15, 2001 • from PLN August, 2001
New York District Court Reversed for Failure to State Legal Reasoning by New York District Court Reversed For Failure To State Legal Reasoning The Second Circuit Court Of Appeals reversed a district court's dismissal of a pro se prisoner civil rights action. The Second Circuit found that the District Court …
Article • August 15, 2001 • from PLN August, 2001
Washington ISRB May Rescind Parole after Final Discharge by Washington ISRB May Rescind Parole After Final Discharge In a closely divided opinion, a 5 Justice majority of the Washington Supreme Court held that the Indeterminate Sentence Review Board (ISRB) has jurisdiction and statutory authority to rescind an order of final …
Michigan DOC Sex Abuse Suit Nets Nearly $4 Million by Roger Smith On February 7, 2000, Michigan DOC officials agreed to settle a lawsuit with 32 women prisoners for $3,787,000 in damages, costs, and attorney fees. The women sued in a Michigan federal district court after being sexually abused by …
Brutality Behind the Orange Curtain by Willie Wisely by W. Wisely The FBI began its second civil rights investigation of the Orange County, California, sheriff's department following the beating of a diabetic prisoner asking for food to lower his blood sugar. Michael Gennaco, head of the civil rights division of …
Article • August 15, 2001 • from PLN August, 2001
Michigan Prison Visitor Forced to Wet Pants Wins $40,000 in Damages and Fees by Michigan Prison Visitor Forced To Wet Pants Wins $40,000 in Damages and Fees On February 12, 2001, James Glaspy was awarded $10,000 in damages at a bench trial in a Michigan federal district court. He sued …
Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review by John E Dannenberg by John E. Dannenberg Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, …
Article • August 15, 2001 • from PLN August, 2001
INS Force-Feeds Long-Term Detainee by Mark Dow Nabil Soliman believes that "accepting a tray of food" from his jailers means accepting what he calls his "illegal detention" by the Immigration & Naturalization Service (INS). Soliman has argued that it is a violation of his First Amendment right to expression and …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Medical, Kidney, Transplants
BOP Changes Organ Transplant Policy by Robert Durkee The Federal Bureau of Prisons announced in early 2001, that it had decided to pay for organ transplants in some circumstances modifying its longstanding position of refusing to provide organ transplants for prisoners. Officials made the decision because, for disorders such as …
Article • August 15, 2001 • from PLN August, 2001
Pelican Bay Policy Banning Internet-Generated Mail Upheld by The California Court of Appeal held that a policy adopted only at Pelican Bay State Prison (PBSP) preventing prisoners from receiving through the US Mail any material that had been downloaded from the Internet was facially valid and reasonably related to legitimate …
Trial Required in Pennsylvania Failure to Protect Suit by A federal district court in Pennsylvania held that summary judgment was precluded on a state prisoner's failuretoprotect claim. The court also held that prison officials were not entitled to qualified immunity. State prisoner Richard Pearson was stabbed six times by several …
305 Days in New York SHU Is Atypical by 305 Days in New York SHU is Atypical. The Court of Appeals for the Second Circuit held that 305 days in segregation is an "atypical and significant hardship" within the meaning of Sandin v. Conner , 515 U.S. 472, 115 S.Ct. …
Article • August 15, 2001 • from PLN August, 2001
Notes From the Unrepenitentiary: Whose Security? by Marilyn Buck Notes From The Unrepenitentiary: Whose Security? by Marilyn Buck Two children, both with mothers imprisoned at FCI Dublin, died within a two-week period. Both children were adolescent boys, aged 13 and 9, repectively. One of the children ran away from his …
New York Guards Watch as Prisoner Kills Cellmate by by Jennifer Gonnerman In the summer of 1999, New York's prison officials opened a sleek new penitentiary on the outskirts of Malone, a tiny town 15 miles south of the Canadian border. By then, New York already had 69 prisons, but …
Article • August 15, 2001 • from PLN August, 2001
From the Editor by by Paul Wright We have recently added several new books to the list of titles PLN is distributing. In coming months we will add more titles to our book list. As PLN 's office situation stabilizes our staff has more time to do things like track …
Article • August 15, 2001 • from PLN August, 2001
Executive Director Note by This is the seventh issue of PLN printed since I became Executive Director. It has been a real challenge getting PLN back on track. To ensure another Fred fiasco does not happen again we have instituted several procedures and safeguards. These measures include: compartmentizing operations, two …
$1.1 Million Awarded in Texas Restraint Chair Settlement by Ronald Young Nueces County, Texas, settled a $1.1 million lawsuit filed by the father of Andrew Sokolinski, a prisoner who died while strapped into a restraint chair at the Nueces County Jail. The county settled the lawsuit midway through an August …
Brief • August 15, 2001
Filed under: Wrongful Death
Durham v. Stalder, LA, Report and Recommendation, Wrongful Death and Summary Execution, 2001 Case 3:00-cv-00195-RET Document 45 08/15/2001 Page 1 of 13 Case 3:00-cv-00195-RET Document 45 08/15/2001 Page 2 of 13 Case 3:00-cv-00195-RET Document 45 08/15/2001 Page 3 of 13 Case 3:00-cv-00195-RET Document 45 08/15/2001 Page 4 of 13 Case …
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