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Article • October 15, 2008 • from PLN October, 2008
U.N. Committee Against Torture: Tasering is a “Form of Torture” by Matthew Clarke by Matt Clarke On November 23, 2007, the United Nations Committee Against Torture (CAT) concluded that using the Taser X-26 electric stun gun is a “form of torture” that “can even provoke death.” CAT is charged with …
Article • October 15, 2008 • from PLN October, 2008
71-Year-Old Veteran Paid $185,000 for Rough California Jail Booking Treatment by An elderly veteran, while being booked into the Santa Clara County, California jail in December 2005 for failure to appear at a civil trial, struggled with deputies during the fingerprinting process and was subdued with violent force. He claimed …
Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Monetary Sanctions Permitted for Milwaukee Jail’s Violation of Consent Decree by David Reutter Wisconsin’s First District Court of Appeals has held that an intentional contempt finding against the Milwaukee County Jail (MCJ) entitles prisoners who were injured …
Article • October 15, 2008 • from PLN October, 2008
Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act by Prior Failure to Register as Sex Offender Does Not Violate Adam Walsh Act On December 5, 2007, the U.S. District Court for the Western District of Missouri granted a motion for judgment of acquittal in a …
Article • October 15, 2008 • from PLN October, 2008
WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by WA Prisoner Properly Denied Access to Savings Account to Hire Lawyer for Parolability Hearing by Roger Smith Division 2 of the Washington Court of Appeals has upheld a denial by the state Department of Corrections …
Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals upheld a …
Article • October 15, 2008 • from PLN October, 2008
$7,025 Award in Slip and Fall From Ohio Prison Bunk by The Ohio Court of Claims has awarded a former Ohio prisoner $7,025 for injuries related to a slip and fall from a prison bunk. Stacy Rose slipped and fell while climbing down from his bunk at the Chillicothe Correctional …
Failure to Name Defendant in Administrative Appeal Does Not Foreclose Including Him in § 1983 Complaint by The Third Circuit U.S. Court of Appeals ruled that when a defendant in a prisoner’s 42 U.S.C. § 1983 civil rights complaint had participated in the administrative grievance process, but had not been …
Article • October 15, 2008 • from PLN October, 2008
Ten Michigan Lawyers Honored For 8-Year Effort To Win $30 Million Damages For 10 Women Prisoners’ Sexual Abuse By Prison Guards by John Dannenberg by John E. Dannenberg Ten Michigan attorneys were awarded two different awards by two national attorney professional associations. The attorneys received the National Lawyers Guilds’ coveted …
Article • October 15, 2008 • from PLN October, 2008
Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA by Georgia Inmate Welfare Fund Consent Decree Terminated Under PLRA The Eleventh Circuit Court of Appeals has ordered a Georgia federal district court to terminate a permanent plan for charitable donations from the Inmate Welfare Fund at the Glynn County Detention …
Article • October 15, 2008 • from PLN October, 2008
$45,000 Awarded to Probationer Subject to Overzealous Probation Officer by $45,000 Awarded to Probationer Subject to Overzealous Probation Officer An arbitrator awarded Washington State probationer Mark S. Rice $44,515 in a claim alleging negligence, emotional distress, and aggravation of a preexisting elbow injury. Washington Department of Corrections Community Corrections Officer …
Article • October 15, 2008 • from PLN October, 2008
$305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample $305,021 Awarded to Missouri Prisoner Struck by Tree; State Legislature Takes Note by Brandon Sample A Missouri prisoner was awarded $305,021 after being struck by a tree. In February 2000, Hortense Cain, a female prisoner …
Article • October 15, 2008 • from PLN October, 2008
Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John Dannenberg Michigan Federal Court Issues Injunctive Relief for Lifer Parole Hearings by John E. Dannenberg The U.S. District Court for the Eastern District of Michigan issued a declaratory judgment and remedial injunctive order granting new hearings to non-drug …
Article • October 15, 2008 • from PLN October, 2008
Washington DOC Fires McNeil Island Employee for Prisoner Fund Theft by Washington DOC Fires McNeil Island Employee for Prisoner Fund Theft On February 22, 2008, the Washington State Department of Corrections (DOC) fired Colleen Brixley, 48, a fiscal analyst at the McNeil Island Corrections Center, for stealing $103,000 from the …
Contempt Order Entered Against Virgin Island’s Prison Mental Health Care by Contempt Order Entered Against Virgin Island’s Prison Mental Health Care A Virgin Islands federal district court has held territory officials in contempt, ruling that they willfully violated the court’s orders. That finding came in a class action suit dating …
Article • October 15, 2008 • from PLN October, 2008
$449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell by $449,000 Settlement in BIA Prisoner’s Fall from Top Bunk in Detox Cell The United States has settled a lawsuit alleging negligent supervision and observation of a prisoner who fell from a top bunk. While the settlement was …
$1.95 Million for 18 Years Wrongful Imprisonment in North Carolina by On February 16, 2007, a North Carolina man who spent 18 years in prison for a rape he didn’t commit settled with the State and the City of Winston-Salem for $1,958,454. Darryl Hunt, a black man, was imprisoned in …
Article • October 15, 2008 • from PLN October, 2008
Wyoming Prisoner Receives $350,000 in Failure to Protect Case by Wyoming Prisoner Receives $350,000 in Failure to Protect Case The Wyoming Department of Corrections has settled a prisoner’s failure to protect claim for $350,000. The action was filed in U.S. District Court by Wyoming State Penitentiary prisoner Jason C. Huff. …
Article • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an …
Indiana Judge Refuses to Send Juveniles to Unsafe Facility by On December 17, 2007, Judge Peter Nemeth of St. Joseph County, Indiana informed Governor Mitch Daniels that he would no longer send female juvenile offenders to the Indianapolis Juvenile Correctional Facility (formerly known as the Indiana Girls School). Nemeth found …
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