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Federal Judges Convene Three-Judge Panel to Consider “Prisoner Release Orders” to Remedy California’s Prison Overcrowding; Upheld on Appeal by Federal Judges Convene Three-Judge Panel to Consider "Prisoner Release Orders" to Remedy California's Prison Overcrowding; Upheld on Appeal On July 23, 2007, two United States District Court judges in the Northern …
Federal Court Grants Class Certification to Disabled Washington Prisoners by On August 10, 2007, the U.S. District Court for the Western District of Washington granted class certification to a group of disabled prisoners who were not allowed to participate in work release programs due to their disabilities. Plaintiff Rickey Peralez …
Los Angeles Settles County Jail Murder Suit For $1 Million by John Dannenberg by John E. Dannenberg On August 14, 2007, Los Angeles County settled a lawsuit brought by the family of a mentally ill prisoner who was stomped to death in a holding cell by two prisoners, while guards …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
Quadriplegic California Prisoner Baked to Death in Transport Van by A California state prisoner being transferred in 109-degree weather from a Central Valley prison to a remote desert facility baked to death in the back of a transport van after the air conditioning in the passenger section of the vehicle …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • July 15, 2007 • from PLN July, 2007
California Lifers’ Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor California Lifers' Parole Reversals Tossed by Two State Appellate Courts by Marvin Mentor An infirm, 82-year-old lifer's reversal by Governor Schwarzenegger of the Board of Parole Hearing's (BPH) grant of parole was itself overturned by the California …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Need for New Prosthesis is Serious Medical Need by A New Jersey federal district court held that the failure to provide a pretrial detainee with a prosthesis is deliberate indifference to a serious medical need. This action was filed by a pretrial detainee against officials at New Jersey's Cape May …
Article • May 15, 2007
Paraplegic Granted Injunction Requiring Proper Medical Treatment by A Kansas federal district court granted a prisoner at the Kansas State Penitentiary a preliminary injunction requiring prison officials to provide him with proper medical treatment. The prisoner was confined at the Wyandotte County Jail, when a guard appeared and without warning …
Article • May 15, 2007
Paraplegic Prisoner's Medical Neglect Claim Upheld on Appeal by The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the U.S. District Court, Western District of Tennessee, in a lawsuit filed by Larry M. Leach, a paraplegic prisoner. Leach sued the Mayor and Sheriff of Shelby County …
Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Wisconsin Prisoner's ADA Claim Proceeds; Counsel Appointed by A Wisconsin federal district court has allowed a prisoner at the Stanley Correctional Institution (SCI) to proceed on his claims under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (ADA). The Court also appointed the prisoner counsel. Wisconsin prisoner …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Jury Awards $136,501 to Handicapped Michigan Prisoner Sent to Virginia Prison by Dwayne Hubbard, a one-legged Michigan state prisoner was sent to a Virginia prisoner due to overcrowding. The Virginia prison had no accommodations for his handicap. He fell and injured his back in the shower. The Virginia guards made …
Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by Job Discrimination Due to Disability from Hepatitis-C Treatment Violates California Worker's Rights by John E. Dannenberg A California Department of Corrections and Rehabilitation (CDCR) stationary (plant maintenance) engineer who suffered from Hepatitis-C (HCV) sued for disability discrimination …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
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