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Tenth Circuit Upholds BOP Guard’s Abuse Convictions by Tenth Circuit Upholds BOP Guard's Abuse Convictions The Tenth Circuit Court of Appeals affirmed the convictions and sentences of three former prison guards for beating prisoners at the United States Penitentiary in Florence, Colorado, (USP-Florence). As we've previously reported, in 1997, the …
Article • October 15, 2007 • from PLN October, 2007
Filed under: Medical, Hepatitis, Complaints
U.S. Supreme Court: Colorado Prisoner Alleging Injury From Suspension Of Medical Treatment Stated Adequate Claim To Preclude Dismissal by John Dannenberg by John E. Dannenberg In a per curiam ruling, the U.S. Supreme Court held that a Colorado state prisoner seeking reinstatement of his Hepatitis-C medical treatment had stated an …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Article • October 15, 2007 • from PLN October, 2007
Ohio Juvenile Wards Entitled to Attorneys to Pursue 1983 Actions by by John E. Dannenberg In an important denial-of-access-to-the-courts ruling, a U.S. District Court (S.D. Ohio) held that a juvenile ward who was denied access to the courts after suffering injury from an Ohio Department of Youth Services (ODYS) guard …
Fifth Circuit Reverses Dismissal of Mississippi Retaliation For Letters to a Newspaper Claim by In an unpublished opinion the Fifth Circuit Court of Appeals reversed a lower court's dismissal, for failure to state a claim, of a prisoner's retaliation suit against one prison official, but upheld the dismissal of claims …
New Jersey Supreme Court Orders DOC to Codify Prisoner Healthcare Responsibilities by John Dannenberg by John E. Dannenberg The Supreme Court of New Jersey, incensed with the inhumane treatment of a state prisoner who was systematically denied Hepatitis-C treatment for four years, ordered the New Jersey Department of Corrections (NJDOC) …
Article • October 15, 2007 • from PLN October, 2007
Notice of Appeal Deemed Filed When Presented to Prison Officials; Burden on State to Refute by The Eleventh Circuit Court of Appeals has held that a prisoner's notice of appeal is considered filed on the date it is given to prison officials, and the state has the burden of proof …
Article • October 15, 2007
The Cost of Cruelty - $9 million verdict for prisoner's death at Sheriff Arpaio's Maricopa Co. jail by John Dougherty The Cost of Cruelty A federal jury returned a $9 million verdict against Maricopa County in still another jailhouse death By John Dougherty Published: March 30, 2006 A federal jury …
Histrionics Lesson - Phoenix New Times article on Public Records suit against Sheriff Arpaio by John Dougherty Histrionics Lesson Again, a judge bends over and allows Sheriff Joe Arpaio to sneer at Arizona's public records law By John Dougherty Published: August 11, 2005 Superior Court Judge Michael D. Jones should …
Article • October 15, 2007 • from PLN October, 2007
Old Media Access Consent Decrees Violated in Maine by Lance Tapley The Maine Department of Corrections has been violating at least two of three 35-year-old federal court orders that grant prisoners access to the press, allow them to write to newspapers, and prohibit prison officials from arbitrarily transferring prisoners out …
Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution by Michael Rigby A federal judge in Massachusetts has awarded $101.7 million to four innocent men who were framed by the FBI for a murder they did not commit. In a scathing 228-page decision entered on July 26, …
Article • October 15, 2007 • from PLN October, 2007
Florida Supreme Court Enacts Rules Regulating “Super Sealing” of Court Records by David Reutter Florida Supreme Court Enacts Rules Regulating "Super Sealing" of Court Records by David M. Reutter On April 5, 2007, the Florida Supreme Court implemented new rules that "provide a procedural vehicle for making circuit and county …
“War on Terror” Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff’s Lawyers Help Turn Them In by Alex Friedmann War on Terror Whistleblowers, Dissenters are Fired, Prosecuted; Plaintiff's Lawyers Help Turn Them In by Alex Friedmann In January 2005, Lt. Commander Matthew M. Diaz was a Navy staff judge advocate serving a …
Article • October 15, 2007 • from PLN October, 2007
Arkansas Prisoner Denied Kosher Diet Awarded $1,500 by On August 25, 2006, the Director of the Arkansas Department of Corrections was ordered to pay state prisoner Michael Fegans $1,500 for violating his constitutional rights to a kosher diet. Fegans is a devout member of the Assemblies of Yahweh, a religious …
Adams v. CCA, CO, Plf App Reply Brief, prison riot, 2007 Certific:ltion of Word Count: 5,690 , i COURT OF APPEALS, STATE OF COLORADO 2 East 14'h Avenue, 3'd Floor I Denver, CO 80203 1 ! I i, Appeal from order entered by Judge Michael Schi ferl, i Crowley County …
Article • September 15, 2007 • from PLN September, 2007
California DOC Finally Discloses Some Records In $4.1 Billion Of Public Contracts by John Dannenberg by John E. Dannenberg Four years after California?s Department of General Services (DGS) ordered the Department of Corrections and Rehabilitation (CDCR) to publicly post details on $4.1 billion worth of contracts, CDCR complied in late …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Article • September 15, 2007 • from PLN September, 2007
Eighth Circuit Reverses Dismissal on Wrong Medication Claims by The Eighth Circuit Court of Appeals reversed a lower court?s grant of summary judgment to prison officials, related to erroneous administration of another prisoner?s psychotropic medication. On January 26, 2004, Nurse Assistant Lorna Bell mistakenly required Missouri prisoner James Spann to …
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