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Mentally Ill Prisoners in the New Jersey Prison System by Julia Lutsky Two hundred prisoners filed a class action suit against the New Jersey Department of Corrections (NJDOC) in 1996. A court order issued as a result of that suit mandated an investigation to "assess the mental health services in …
Louisiana Abandons Private Juvenile Prisons by The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. Dept. of Justice, …
Louisiana Abandons Private Juvenile Prisons by John E Dannenberg The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Paid to Settle Delay of Legal Property Suit by On September 27, 1999, District of Columbia federal judge Stanley Sporkin entered judgment on a settlement for $7,500, plus $47.81 in interest, in a lawsuit involving the shipping of a D.C. prisoner's legal property from a Washington state prison to …
A.I. Reports on US Compliance with UN Convention Against Torture by Julia Lutsky In May 2000, a United States government delegation appeared before the UN Committee against Torture in Geneva to present its first report on the implementation of the UN Convention against Torture and Other Cruel, Inhuman or Degrading …
Article • February 15, 2001 • from PLN February, 2001
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
Ninth Circuit Requires Evidentiary Review Before Terminating Old Consent Decree Under PLRA by by John E. Dannenberg The US Court of Appeals for the Ninth Circuit reversed the district court's termination of prospective relief under two long-standing consent decrees at San Quentin State Prison and remanded with directions to hold …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
Article • February 15, 2001 • from PLN February, 2001
$1.75 Million Verdict in Juvenile Death Suit by On February 9, 2000, a federal jury in Macon, Georgia held that Georgia Department of Juvenile Justice employees were liable for the death of a 15 year old female juvenile prisoner who was given Tylenol to treat a serious brain injury and …
Article • February 15, 2001 • from PLN February, 2001
BOP Prisoners' Convictions for Destroying Military Factory Upheld by In October, 1995, riots broke out in more than a dozen federal prisons after Congress voted down sentencing guideline commission rules that would have equalized the penalties for possession of crack and powder cocaine. [PLN Jan. 1996] As is historically the …
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, …
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