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Federal Court Rules on Exhaustion Issues for Joined Plaintiffs in Lawsuit Against CCA by On October 18, 2010, an Idaho federal court held that prisoners who were subjected to confusing rules and advice from prison officials regarding how to raise grievance issues had adequately exhausted their administrative remedies when they …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim by Mike Brodheim In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days …
Summary Judgment for CCA Reversed in Filthy Jail Conditions Case by David Reutter On April 15, 2011, the Sixth Circuit Court of Appeals reversed a district court’s grant of summary judgment to Corrections Corporation of America (CCA) in a civil rights action alleging Eighth Amendment violations after CCA staff left …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011
$3,500 Settlement Reached in Double Suit Claiming Due Process and Human Rights Violations by A $3,500 settlement was reached in a consolidated agreement arising from two separate suits filed by Bernard E. Berton, Jr. against the District of Columbia Department of Corrections. The first case arose when Berton, a prisoner …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
Entire Tennessee Prison System Found Unconstitutional by Brandon Sample By Brandon Sample On August 23, 1978, the Chancery Court of Davidson County, Tennessee declared the entire Tennessee prison system to be unconstitutional. Under the Tennessee constitution, prisoners are entitled to “humane treatment” and to confinement in “safe and comfortable” prisons. …
Article • November 15, 2011
Exposure to Second Hand Smoke Sparks 8th Amendment Claim by The U.S. Court of Appeals for the Fifth Circuit recently affirmed in part and reversed in part a 42 U.S.C. § 1983 action alleging 8th and 14th Amendment violations. Jerry Marcus, a Mississippi prisoner, filed a § 1983 action against …
Article • November 15, 2011
Tennessee Prison System Ruled Unfit for Human Habitation by The U.S. District Court of Tennessee determined the living conditions of Tennessee’s prisons were unfit for human habitation. Officials have known since 1937 what was necessary to correct prison housing problems, but failed to do so. The overcrowding exacerbated all other …
Article • November 15, 2011
$900 Settlement for California Prisoner Attacked after Guard Malfeasance by The California Department of Corrections (CDOC) agreed to pay $900 to a prisoner who was attacked by rival prisoners at Corcoran State Prison. On July 12, 2008 Samuel Saldana was beaten by Hispanics from southern California after S. Walsh, a …
Article • November 15, 2011
Consent Decree Sets Religious Diet Regulations at Wyoming State Prison by Based upon a negotiated settlement, a Wyoming federal district court entered a consent decree that establishes rights for prisoners around religious diet regulations at the Wyoming State Prison (WSP). The suit was brought by two Muslim prisoners, Joseph Miller …
Article • November 15, 2011
Washington DOC Settles Claims over Food Poisoning Outbreak by Eight prisoners affected by food poisoning while incarcerated at the Washington State Penitentiary accepted settlement offers of $1000 each on their claims of unsanitary food service practices against the Washington Department of Corrections (WDOC). Plaintiffs experienced high fever, vomiting, cramps, diarrhea, …
Article • November 15, 2011
$15,000 Settlement in Washington Auto Accident Claim by A $15,000 settlement was reached in an auto accident that included a Washington State vehicle. Richard G. Thietje was traveling south on Capitol Way in Olympia, Washington when James Perez, who was driving a state vehicle, took an illegal left-hand turn and …
Brief • November 8, 2011
Filed under: Overcrowding, Jail Specific
Mason v. Hale, AL, Amended Complaint, Jail Overcrowding, 2011 FILED Case 2:11-cv-03155-TMP Document 21 Filed 11/08/11 Page 1 of 40 2011 Nov-08 AM 10:16 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION John Mason IV, ) Ishmael Khalid …
Brief • October 27, 2011
Filed under: Exercise
Brooks v. Felker, CA, Complaint, Denial of Exercise, 2011 OCT/27/2011 . ' Case 2:08-cv-02512-TLN-KJN Document 90 Filed 11/03/11 Page 1 of 40 FILED NOV 08 2011 CLERK, U.S. DISTRICT COURT ~ASTERN DISTRICT OF CALIf,%>NIA O£PUTV ClER~ ]I\j THE UNlTEJJ ~.:TATES LHSTRICT COURT 1'OJ{ THE E/~STERI'-i DlSTJUCT O'r; CALlFORNJA .sTeVEAJ (N~lmt: …
Brief • October 27, 2011
Skinner v. Ryan, AZ, Settlement, Conditions of Confinement, 2011 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is entered #_, into, on, by and among JAMES SKINNER, Arizona Department of Corrections ("ADC") (the "Plaintiff'), and CHARLES RYAN, JEFFREY FREELAND, JOHN OSBORN, and MICHELET SMITH, their agents, representatives, …
Miller v. Zaruba, IL, Complaint, Failure to Protect, 2011 Case: 1:10-cv-06533 Document #: 40 Filed: 10/21/11 Page 1 of 11 PageID #:156 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION MICHAEL R. MILLER, ) ) PLAINTIFF, ) ) Case No. 10 CV 06533 ) ) Honorable …
Doe v. Neveleff, TX, Complaint, ICE Detainee Sexual Abuse, 2011 Case 1:11-cv-00907 Document 1 Filed 10/19/11 Page 1 of 76 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION SARAH DOE; KIMBERLY DOE; and RAQUEL DOE, on behalf of themselves and all others similarly situated, Plaintiffs, v. …
Report Finds Federal Prisoners Exposed to Toxic Metals in Recycling Jobs by A four-year study by the U.S. Department of Justice’s Office of the Inspector General (OIG), released in October 2010, found that prisoners and employees at ten federal prisons were exposed to hazardous metals and materials while handling electronic …
The Resistable Rise and Predictable Fall of the U.S. Supermax by Stephen Eisenman Stephen F. Eisenman In a recent article entitled “The Penal State in an Age of Crisis” (Monthly Review, June 2009), Hannah Holleman, Robert W. McChesney, John Bellamy Foster, and R. Jamil Jonna sought to account for the …
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