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Utah Jail Settles ADA Suit by On May 6, 1999, Salt Lake County, Utah, settled a lawsuit by paying $2,000 in damages, $4,000 in attorney fees and agreeing to modify its jail for the handicapped. Robert Earls, a former jail detainee, is missing a leg and must use a prosthesis. …
Private Transportation Company Liable Under 42 USC § 1983 by Private Transportation Company Liable Under 42 USC § 1983 A federal district court in Colorado held that alleged sexual assaults committed by an employee of a private transportation company, under contract with the state Department of Corrections, were committed under …
Article • October 15, 1999 • from PLN October, 1999
Michigan's Female Prisoners Have Educational Parity by A federal district court in Michigan held that the educational, vocational, and apprenticeship opportunities provided to male and female prisoners in the Michigan Department of Corrections (MDOC) are now sufficiently comparable for equal protection purposes to require termination of the court's 20 year …
Article • October 15, 1999 • from PLN October, 1999
Go Directly to Jail: At the Academy in Alpharetta, Men Pay Big Bucks to Pretend They're in Prison by Dan Savage By Dan Savage Alpharetta, Georgia- I'm naked, and I'm not happy. In just under an hour, I've been subjected to two of three punishments I'd specifically asked to be …
Concealment of Info Tolls Statute of Limitations by A federal district court in New York held that a prisoner could amend his complaint to add new defendants, and that the amendment relates back to the original complaint, overcoming an otherwise time-barred amendment. The court further held that official concealment of …
Texas Settles with Hanged Prisoner's Family by The state of Texas agreed in June 1999 to pay $215,000 to settle a lawsuit filed by the family of Rodney Hulin, a 17-year-old Texas state prisoner who was found hanging in his cell in 1996. About 30 days after arriving at the …
Prison Officials Waive Untimely Asserted Heck Defense by The Seventh Circuit court of appeals has held that prison officials' untimely assertion of the Heck defense waived the defense. Richard Carr, a middle-aged minimum- security Illinois prisoner was 96 days from release in 1989 when young gang members on his unit …
Article • October 15, 1999 • from PLN October, 1999
Georgia Parole Regulation Still Ex Post Facto by The U.S. court of appeals for the Eleventh Circuit held that the retroactive application of an amendment to the Georgia parole regulations, changing the frequency of required parole reconsideration hearings, continues to violate the Ex Post Facto Clause of the federal constitution. …
Article • October 15, 1999 • from PLN October, 1999
Racial Segregation in Double Celling Unconstitutional by A federal district court in Pennsylvania held that the creation of racial segregation for double-cell assignment may be unconstitutional even if the classification policy specifically forbids such segregation in cell assignments. Seifuddin M. A. Simpson, a Pennsylvania state prisoner, brought suit under 42 …
Georgia Court Access Consent Decree Terminated by After being in effect less than a decade, a consent decree stemming from a class action lawsuit and providing for a mixed system of court access for Georgia state prisoners was dissolved on November 11, 1998, as U.S. District judge Anthony Alaimo vacated …
Arizona DOC Settles Sexual Abuse Suit by On March 11, 1999 the Arizona Dept. of Corrections (ADOC) agreed to settle a lawsuit filed by the U.S. Dept. of Justice (DOJ) which alleged that state prison officials failed to protect female prisoners from systemic sexual abuse, misconduct and harassment by guards. …
FBI Investigates CCA-Run INS Center in New Jersey by A Corrections Corporation of America operated immigrant detention center in Elizabeth, New Jersey is under investigation due to alleged misconduct by company employees. Federal officials confirmed on April 13, 1999 that the U.S. Dept. of Justice had requested the probe, which …
Pro Se Texas Prisoner Awarded $1.08 Million in Failure to Protect Suit by In May, 1999, a federal jury in San Antonio, Texas, awarded Texas prisoner William Wallace Campbell $80,000 in compensatory damages and $1 million in punitive damages in a failure to protect lawsuit. Campbell represented himself pro se …
Media Interview Protected Free Speech by A federal district court in Pennsylvania held that the transfer of a prisoner for his participation in a pre-authorized media interview and his subsequent correspondence with the newspaper reporter violated the prisoner's constitutional rights. Prison officials were denied qualified immunity and the prisoner was …
Florida Jail Guard Found Guilty in Prisoner's Death by On December 22, 1998, former Osceola County, Florida jail guard Greg Wilson was convicted of manslaughter in connection with the March 1997 death of prisoner Daniel B. Sagers. Wilson and several other guards, including Wilson Santiago and Gail Edwards, were trying …
Article • October 15, 1999 • from PLN October, 1999
Tough on Prisoners Florida Sheriff Avoids Prison by In the March, 1999, issue of PLN we reported the arrest of Marion County, Florida, sheriff Ken Ergle, on corruption charges. Ergle had previously gained notoriety for housing county jail prisoners in tents under draconian conditions and charging them "rent" and a …
Article • October 15, 1999 • from PLN October, 1999
Supreme Court Holds PLRA Attorney Fee Cap Inapplicable to Work Performed Before Enactment by by Matthew T. Clarke The Supreme Court has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does not apply to attorney fees for work performed prior to …
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 …
Article • October 15, 1999 • from PLN October, 1999
Filed under: News, News in Brief
News in Brief by Brazil: A riot involving 320 prisoners erupted at a facility in Florianopolis, Santa Catarina state, on May 7, 1999. One prisoner was killed and 4 injured during the disturbance, in which rioters chased away the guards and set fire to mattresses and tires. Brazil: Three hundred …
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