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Peaceful Protest at Mount Olive Prison by Gary Hunter Limits on personal property sparked a peaceful protest by prisoners at Mount Olive Correctional facility in Fayette County, West VA. On October 2nd over a fourth of the 867 residents gathered on the recreation yard with 16 demands for warden Howard …
CCA Faulted in Texas Jail Escape by Staff shortages, unwatched video surveillance monitors, unlocked doors, untrained staff and a security alarm that was ignored by Corrections Corporation of America (CCA) employees contributed to the August 27, 2000 escape from the Bartlett State Jail near Austin, Texas. Sixteen problems, the biggest …
Corrections Corporation of America Hit with $3 Million Abuse Verdict by Lonnie Burton On Dec 14, 2000, a federal jury in South Carolina awarded a 14-year-old boy more than $3 million in damages after finding Tennessee-based Corrections Corporation of America (CCA) guilty of physically abusing the Charleston, SC teen-ager. In …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Article • May 15, 2001 • from PLN May, 2001
PLRA Vacated Consent Decrees Can't Be Enforced in State Court by PLRA Vacated Consent Decrees Can't be Enforced in State Court The court of appeals for the Eighth circuit held that consent decrees terminated under the Prison Litigation Reform Act (PLRA) cannot be enforced as private contracts in state court. …
Article • May 15, 2001 • from PLN May, 2001
PLRA Attorney Fee Cap Doesn't Apply After Release; Texas County Liable in Attack by The court of appeals for the Fifth circuit held that a Texas county was liable for failing to protect an arrestee from assault in its jail. The court also held that the Prison Litigation Reform Act …
Article • May 15, 2001 • from PLN May, 2001
Change in AIDS Medication States Claim by Change In Aids Medication States Claim A Virginia federal district court ruled prisoner Terry Lee Taylor stated a claim under 42 U.S.C. §1983 where a prison doctor order a change in Taylor's AIDS medication without notification. The new medication caused Taylor to suffer …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Gay New York Guard Wins $1.5 Million Harassment Award by On July 18, 2000, a gay Nassau County, NY jail guard won $1.55 million in damages after a federal jury agreed that his supervisors failed to intervene when his coworkers repeatedly tormented and harassed him due to his sexual orientation. …
Article • May 15, 2001 • from PLN May, 2001
County Must Pay Prisoner's Medical Expenses by AKansas Court of Appeals found that a governmental agency is not entitled to seek reimbursement from a prisoner for the cost of medical treatment received by the prisoner while in the agency's custody. While incarcerated in the Haskell County {Kansas) jail, David Sullivan …
Article • May 15, 2001 • from PLN May, 2001
Prisoner Bound by Jailhouse Lawyer's Work by by Paul Wright Afederal district court in Texas has held that a prisoner who relies on other prisoners to prepare his legal pleadings is bound by the content of those pleadings. Nhan Kiem Tran is a federal prisoner in Texas who was convicted …
Secular Humanism: Philosophy or Religion? by The D.C. Circuit has held that federal prison officials were entitled to qualified immunity for refusing to recognize secular humanism as a religion. Ben Kalka, a former federal prisoner, sought to form secular humanism groups to meet in prison chapels. At his last unit …
Article • May 15, 2001 • from PLN May, 2001
Filed under: News, News in Brief
News in Brief by News in Brief: Argentina: On December 29, 2000, 11 political prisoners of the Movimiento Todos Por La Patria ended a hunger strike begun on September 6, 2000, after president Fernando de la Rua signed a decree reducing the prisoners' life sentences. The prisoners had been convicted …
Article • May 15, 2001 • from PLN May, 2001
The Prisoner's Guide to Survival: A Comprehensive Legal Assistance Manual for PostConviction Relief and Prisoners' Civil Rights Actions by Sam Rutherford By L. Powell Belanger PSI Publishing, Inc. (745 Pages) Reviewed by Sam Rutherford The Prisoner's Guide to Survival is a new legal research tool that covers all aspects of …
Due Process Violation, Plain Error Reverse Marijuana Conviction by The Michigan Supreme Court reversed a state prisoner's conviction for possession of marijuana after finding that the prosecution had improperly introduced inculpatory statements made by the defendant at an earlier prison disciplinary hearing. Raymond Wyngaard was a prisoner of Michigan's Kinross …
Three Florida Guards Charged with Beating 'Gunner' by Three Florida state prison guards were arrested October 6, 2000 and charged with kicking and beating a prisoner so severely that his crushed right testicle had to be surgically removed. The beating was administered by guards as a form of "counseling" to …
Article • May 15, 2001 • from PLN May, 2001
Voluntary Agreement with MINNCOR Not Enforceable Contract by Voluntary Agreement With MINNCOR Not Enforceable Contract A state court of appeals in Minnesota has held that the Voluntary Agreement signed by prisoners laboring under MINNCOR's administration is not an enforceable contract. Kenneth Murray, a Minnesota state prison, filed suit in state …
Washington DOC Settles Sex Harassment Suit for $250,000 by WA DOC Settles Sex Harassment Suit for $250,000 In December 2000, the Washington Department of Corrections paid $250,000 to settle a sexual harassment lawsuit brought by a former community corrections officer who says she was fired after complaining to superiors about …
Article • May 15, 2001 • from PLN May, 2001
$74,000 Awarded to Slashed New York Prisoner by In July 2000, New York court of claims judge Ferris Lebous awarded $74,000 in damages to a prisoner slashed in an attack by another prisoner. On February 19, 1991, Billy Blake was in the segregation unit of the Shawangunk Correctional Facility. When …
Article • May 15, 2001 • from PLN May, 2001
Second Circuit Cautions District Courts To Use Proper Sandin Analysis by Acourt of appeals for the SecondDistrict has, once again, cautioned the district courts against using an improper analysis when analyzing conditions in Special Housing Units to determine whether a liberty interest is implicated under Sandin v. Canner, 515 U. …
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