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Article • February 15, 2001 • from PLN February, 2001
$30,000 Awarded to NY Prisoner Slashed in Attack by On September 15, 1999, the New York court of claims awarded $30,000 in damages to New York state prisoner Mario Vasquez. In 1995, Vasquez was slashed in a stairwell at Collins Correctional Facility by two knife-wielding prisoners. The day before the …
Conditions Claims Viable in WA PRP by A Washington state appeals court held that conditions of confinement claims are cognizable under the state's Personal Restraint Petition (PRP) system. In doing so, the court upheld a ban on a sex offender's correspondence with his 11-year-old niece. Robert Arseneau was convicted of …
Article • February 15, 2001 • from PLN February, 2001
$49,999 Settlement in CA Sex Extortion Suit by On February 1, 2000, San Bernadino County, California settled a lawsuit with Jeffrey Darr for $49,999. Darr filed suit claiming that county sheriff deputy James Wiebeld (now promoted to detective) had framed him on methamphetamine manufacturing charges, for which he spent three …
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
Leave to Amend Complaint Improperly Denied by The court of appeals for the ninth circuit held that a district court erred in refusing to allow a pro se prisoner to amend his complaint. Fred Bennett, a California state prisoner, filed suit against various prison officials. The district court dismissed the …
Article • February 15, 2001 • from PLN February, 2001
Summary Judgment Reversed on Diabetes Claim by The Court of Appeals for the Eighth Circuit reversed a lower court's grant of a summary judgment in favor of a doctor and a deputy sheriff on a pre-trial detainee's §1983 claim that they were deliberately indifferent to his serious medical needs. Floyd …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
Article • February 15, 2001 • from PLN February, 2001
Filed under: Medical, Diabetes, Damages
$160,000 Verdict in NY Diabetic Cyst Suit by On January 11, 2000, the New York court of claims awarded $160,000 to diabetic New York state prisoner Daniel Brill. In 1996 while at the Mid-State Correctional Facility Brill sought treatment for an infected cyst. Brill was eventually hospitalized and treated with …
Article • February 15, 2001 • from PLN February, 2001
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
MO Prisoner Awarded $130,000 in Retaliation and Haircut Claims by On February 4, 2000 a federal jury in the Eastern District of Missouri awarded $130,000 in damages to Jerry McCrary. McCrary, who is black, filed suit claiming that while imprisoned at the Potosi Correctional Center in Missouri on August 16, …
Ohio Abandons Private Food Service Experiment by In October 2000, the Ohio prison system decided to abandon its controversial two-year pilot project to privatize the food service at the Nobel Correctional Institution (NCI). In October, 1998, the Ohio Department of Rehabilitation and Correction (DORC) awarded a two-year contract to ARAMARK …
Article • February 15, 2001 • from PLN February, 2001
The Prison Payoff: The Role of Politics and Private Prisons in the Incarceration Boom by A report published by the Western Prison Project and the Western States Center. The report concludes that private prison corporations exert increasing political influence at the state level. Private Prisons are also playing a key …
Tide Turns Against Prison Privatization by North Carolina, Georgia, Utah and Louisiana are among states that experimented with private prisons and because of problems encountered have eliminated them altogether or scaled back plans for future privatization. North Carolina officials converted both of the state's private prisons to public operation, and …
Article • February 15, 2001 • from PLN February, 2001
OH S.Ct. Strikes Down Bad Time Law by The Ohio Supreme Court found a state statute, RC 2967.11, which allowed prison officials and the Ohio Parole Board to try: convict, and add time to Ohio prisoners' sentences for criminal infractions occurring during the prisoners' stated prison terms, violated the constitutional …
Article • February 15, 2001 • from PLN February, 2001
SC Jail Escape Kills One by Eight prisoners sought to escape from the Richland county jail in South Carolina on the night of September 17, 2000. The jail houses mostly pretrial detainees from Columbia, South Carolina and Richland County. The escape attempt resulted in a guard's death but no one …
Article • February 15, 2001 • from PLN February, 2001
Filed under: Telephones, Telephone Rates
IL Prison Phone Ruling Published by In the June 2000, issue of PLN we reported that a federal district court in Illinois had dismissed a class action lawsuit challenging the phone rates charged to consumers who accept phone calls from prisoners in Illinois prisons and jails. The court's ruling is …
Article • February 15, 2001 • from PLN February, 2001
$158,500 Awarded in NY Slip and Fall by On September 22, 1999 the New York court of claims awarded former New York state prisoner Lourdes Fischer $158,500 in damages for injuries she suffered when she fell from a ramp at the Albion Correctional Facility and landed face first on a …
Brief • February 15, 2001
Turner v. Schultz, CO, Order Dismissing Claims, Guard Assault in Prison, 2001 130 F.Supp.2d 1216 (2001) William Vance TURNER, Plaintiff, v. Officer Roderick SCHULTZ, Officer Michael Lavallee, Officer James Bond, Lieutenant David D. Armstrong, Lieutenant Fnu King, Captain M. Mooneyham, Assistant Warden Greco, Warden Joel H. Knowles, Lieutenant Rowe, Lieutenant …
Brief • February 6, 2001
Filed under: Telephones, Telephone Rates
Judd v. AT&T, WA, Commissioner's Ruling Dismissing Appeal, Phone Rates, 2001 RECEIVED FEB - 6 2001 1.bVl. QI:FI(;E OF IN THE COURT OF APPEALS OF THE STATE OF WASHINGIIION& YOUTZ DIVISION ONE ) ) ) ) ) Respondents, ) ) ) v. ) AMERICAN TELEPHONE AND TELEGRAPH ) COMPANY, GTE …
Brief • February 5, 2001
Jama v. Esmor Correctional Services, NJ, Deposition Slattery, Immigration Beating, 2001 1211 1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTICT COURT FOR THE DISTRICT OF NEW JERSEY - - - - - - - - - - - - - - - …
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