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Article • April 15, 1999 • from PLN April, 1999
Daring Death Row Escape Shakes up Texas by It was a Thanksgiving that will long be remembered by Texas prisoners and guards alike. The first escape of a Texas death row prisoner since Raymond Hamilton, a member of the Bonnie and Clyde gang, busted out in 1934. Shortly after midnight …
Article • April 15, 1999 • from PLN April, 1999
New York Jail Brutality Suit Settled for $3,500 by On September 25, 1998, the City of New York settled a brutality suit for $3,500. Edward Massey, a prisoner at the Anna M. Kross Center In East Elmhurst, New York, was attacked by several jail guards after he protested the beating …
No Administrative Exhaustion Required for Monetary Claims; No Qualified Immunity for the Malicious Use of Force by Two federal district courts in Illinois held that a state prisoner was not required to exhaust his administrative remedies when filing suit seeking damages if the administrative remedies did not provide for damages. …
Jail Brutality Verdict Reversed Due to Improper Argument and Jury Instruction by The court of appeals for the Seventh circuit reversed a jury verdict in favor of jail guards because their lawyer argued the detainee-plaintiff's attorney did not believe his client. The court also held that a jury instruction on …
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
Article • March 15, 1999 • from PLN March, 1999
Eighth Amendment Applies to Escaped Convicts by The court of appeals for the Sixth circuit held that escaped convicts are not subject to Fourth Amendment protections simply because they are outside of a facility. Only the Eighth Amendment applies. Since the law in this regard was unsettled, a guard who …
Doe v. Wackenhut Corrections, TX, Complaint, Juvenile Prison Misconduct, Guard Rape and Abuse, 1999 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 1 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 2 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 Page 3 of 26 Case 3:99-cv-01319 Document 1 Filed 03/12/1999 …
Trial Required in Wisconsin Excessive Force Suit by Afederal district court in Wisconsin held that a trial was required to determine if excessive force was used during a prison cell search. The court held that defendant prison officials had failed to present sufficient evidence to support their motion for summary …
Guard Socked for $37,500 in Vendetta by A federal jury awarded $37,500 to a Massachusetts prisoner who said a man he shot in the head in 1991 became a prison guard, sought him out, and became his worst nightmare. Zeferino DePina, 24, claimed that prison officials did nothing while the …
Rikers Island Brutality Suit Settled by Jonathan Chasan By Jonathan Chasan New York City officials have acknowledged the need for far-reaching court-ordered reforms to curb systemic brutality and its cover up in the Rikers Island Central Punitive Segregation Unit ("CPSU" or "the bing"), known in the City jails as "the …
Abuse of Prisoners Confirmed at CCA Facility by On August 5, 1998, Jerry Reeves, a guard at Tennessee's Whiteville Correctional Facility (WCF), suffered near-fatal injuries in an altercation with prisoners. WCF, which houses prisoners from Wisconsin, is owned and operated by the Corrections Corporation of America (CCA). In the days …
Threats to File Grievances Protected by Afederal district court in New York held that the existence of a genuine issue of material fact as to whether a prison guard had battered a prisoner in retaliation for the prisoner's threat to file a grievance on the guard, precluded summary judgment on …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
$15,001 Excessive Force Verdict Affirmed by The court of appeals for the First circuit affirmed a jury verdict awarding $15,001 in damages to a prisoner beaten by prison guards. The court affirmed several evidentiary rulings by the district court excluding evidence of a disciplinary hearing guilty plea by the plaintiff …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
Article • December 15, 1998 • from PLN December, 1998
SWAT Team Ends Juvenile Center Standoff by SWAT teams were called in to saw through a 3- to 4-inch thick steel door to reach four teens who had barricaded themselves in an office after allegedly leading an uprising at a juvenile detention center. The power saw cut through the door …
Rehabilitation or Corporate Profit by Peaceful efforts, by Alaskan prisoners, on August 30, 1998, to address grievances and concerns repeatedly ignored at the Central Arizona Detention Center, in Florence, Arizona, were mercilessly squashed following a sit down demonstration in the prison exercise yard. What was initially a peaceful, sit-down demonstration …
Medical Restraint Requires Doctor's Supervision by The Eighth Circuit has held that the law was clearly established in 1988 requiring specific approval from a doctor when a prisoner is placed in segregation and restraints for psychiatric treatment purposes. Eddie Buckley, an Iowa state prisoner, sued alleging that he was routinely …
MT Prisoners Win Damages and Fees in Riot Suit by On April 2, 1998, a federal jury in Montana ruled that state prison officials had violated the Eighth amendment rights of 13 prisoners. In September, 1991, a riot occurred at the Montana State Prison in Deer Lodge. Five prisoners in …
No Exhaustion Required in Guard Attack by A federal district court in New York held that 42 U.S.C. § 1997e of the PLRA did not require a prisoner to exhaust administrative remedies before filing suit over being beaten by prison guards. Candido Rodriguez is a New York state prisoner who …
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