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PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
CDC Settles Excessive Force Suit for $1,000 by John Gann On October 26, 1998, the California Department of Corrections (CDC) paid $1,000 to settle an excessive force suit filed by pro se prisoner John Gann against nine named prison officials. On January 7, 1994, Gann, Alex Bermudez and Carlos Ramirez …
Beaten Connecticut Jail Detainee Awarded $2.07 Million by A federal jury in February, 1999 awarded Kevin King $2 million in punitive damages and $75,000 in compensatory damages for a beating he suffered at the hands of Hartford (Conn.) Correctional Center jail guards. The verdict touched off a firestorm of controversy …
Missouri Proposes $2.2 Million Settlement by On June 25, 1999, the state of Missouri filed a proposed $2.2 million settlement in U.S. District Court that would dispose of 32 lawsuits filed in state and federal courts by 700 - 2,100 Missouri prisoners abused in Texas jails. The lawsuits stem partly …
Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Article • September 15, 1999 • from PLN September, 1999
Rikers Island Detainee Shot by In March, 1999, Rikers Island, New York City, jail prisoner Petros Bedi, 27, was shot in the chest with a .25 caliber pistol by another prisoner. Bedi was awaiting trial on murder charges. Jail guard Edward Quinn was suspended after the shooting for allowing Norman …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
Fact Issue of Physical Injury Precludes Summary Judgment by Ronald Young The court of appeals for the Fifth circuit held that the material fact issue as to whether prisoner suffered more than de minimis physical injury from alleged excessive force precluded summary judgement in favor of prison officials. Juan Gomez, …
Article • September 15, 1999 • from PLN September, 1999
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
Brief • August 26, 1999
Dahl v. Conlosh, CA, Joe Callahan Deposition, Police Excessive Force, 1999
CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
No Qualified Immunity for Texas Sheriff and CCRI Guards Who Abused Missouri Prisoners by by Matthew Clarke Afederal district court in Texas has ruled that prisoners who were kicked, bitten by dogs, shocked, and subjected to a public strip and body cavity search by untrained, improperly supervised private guards during …
Article • August 15, 1999 • from PLN August, 1999
Jury Awards Beaten Texas Prisoner $250,000 by On December 15 1998, a federal jury in San Antonio, Texas, awarded Texas state prisoner Robert Sikes $250,000 in damages for a beating administered by prison guards. In 1995 Sikes was imprisoned in a Karnes county state prison. During a dispute with a …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
In Re Northeast Ohio Correctional Center, OH, Class Action Settlement, Excessive Force and Failure to Protect, 1999 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE NORTHEAST OHIO CORRECTIONAL CENTER : Case No. 4:97 CV 01995 (Polster, J.) : : CLASS ACTION SETTLEMENT AGREEMENT The Plaintiffs (as …
Florida Guards Acquitted in Brutality Case by Alex Friedmann Florida prisoner John Edwards, 28, an HIV+ double-murderer serving a life sentence, was transferred to the Charlotte Corr. Institution (CCI) on Aug. 18, 1997 after biting a Zephyrhills prison guard on the cheek. According to federal prosecutors, once Edwards arrived at …
Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky Reviewed by Julia Lutsky Since Brazil is the largest nation in Latin America it comes as no surprise to know that its prisons hold more people than do the prisons of any other Latin American nation. Its …
Detainee Beaten to Death at Nassau County Jail by Alex Friedmann When Thomas Pizzuto entered the Nassau Co. jail in East Meadow, New York to serve 90 days for traffic violations, he didn't know the jail term would become a death sentence. Pizzuto, 38, a recovering heroin user who was …
$130,000 in Damages and Fees Awarded in New York Retaliation Suit by In the October, 1996, issue of PLN we reported Alnutt v. Cleary, 913 F. Supp. 160 (WD MY 1996). The case involves New York state prisoner Jeffrey Alnutt who filed suit in 1990 after various guards at the …
Article • July 15, 1999 • from PLN July, 1999
Strip Mining Human Rights in Virginia's Supermax Dungeons by Dan Pens Red Onion State Prison stands out like a hideous scar among southwest Virginia's otherwise beautiful, rolling and wooded hills. Viewed from the air it looks like a mountain whose crown was hacked off and leveled flat. I remember looking …
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