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CSC Cancels Florida Juvenile Facility Contract by Correctional Services Corp. (CSC) announced Aug. 23, 1999 that it was withdrawing from an $8.7 million-a-year contract to operate the Pahokee Youth Development Center, a 350 bed Florida juvenile facility, 8 months before the contract is due to expire. The announcement came six …
Article • November 15, 1999 • from PLN November, 1999
Evidentiary Hearing Allowed in PLRA Consent Decree Terminations by The court of appeals for the Fourth circuit reaffirmed that the Prison Litigation Reform Act's (PLRA) consent decree termination provisions are constitutional and also held that the PLRA provides no avenue for district courts to make after the fact findings to …
PLRA Attorney Fee Provision Not Retroactive in Jail Conditions Suit by The court of appeals for the DC Circuit held that the Prison Litigation Reform Act (PRLA) provision, which caps attorney fee awards, applies to work performed after the act's effective date (April 26, 1996), even when the suit was …
Alabama Prison Officials Held in Contempt Again by A federal district court held Alabama prison officials in contempt for violating a 12-year-old Consent Decree. The court also awarded attorney's fees against the state and dissolved the decree pursuant to the Prison Litigation Reform Act, (PLRA). In 1983, prisoners in an …
Attorney Fees Must Be Expressly Reserved by The court of appeals for the Eighth Circuit held that a failure to expressly raise the issue of attorney fees during settlement negotiations waives any subsequent claim thereto. This case involves several prisoners, who sued the director of the Nebraska DOC, under 42 …
Article • August 15, 1999 • from PLN August, 1999
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
PLRA Doesn't Affect Court Contempt Powers by A federal district court in New Jersey held that 18 U.S.C. § 3626, which allows for the immediate termination of prison and jail consent decrees, does not affect the contempt powers of courts. The underlying case involves a motion by jail detainee plaintiffs …
Juveniles Held Hostage for Profit by CSC in Florida by Alex Friedmann According to a consultant hired by the Florida Department of Juvenile Justice, the Pahokee Youth Development Center (Juvenile prison) operated by the Correctional Services Corporation (CSC) kept ten juvenile detainees beyond their release dates for no other reason …
Article • April 15, 1999 • from PLN April, 1999
No Appeal Allowed in Louisiana Consent Decree Dissolution by The court of appeals for the Fifth circuit held that it lacked jurisdiction to hear an appeal to a district court ruling that dissolved virtually all consent decrees governing prisons and jails in the state of Louisiana because the plaintiffs did …
Article • March 15, 1999 • from PLN March, 1999
Pennsylvania Consent Decrees Terminated Under PLRA by In two separate rulings, different federal district courts in Pennsylvania held the consent decree termination provisions of the PLRA to be constitutional and dissolved the decrees at issue. In the July, 1998, issue of PLN we reported Imprisoned Citizens Union v. Shapp, 977 …
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 …
Attorney Fee Cap Inapplicable to Pre-PLRA Suits; PLRA Automatic Stay Provisions Constitutional by S.Ct. Grants Review of Fee Issue by Matthew T. Clarke The Court of Appeals for the Sixth Circuit has held that the attorney fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. §1997e(d), (PLRA) does …
Article • December 15, 1998 • from PLN December, 1998
Consent Decree Termination Requires Fact Finding by Consent Decree Termination Requires Fact Finding The court of appeals for the Eighth circuit held that a district court failed to articulate its reasons for terminating its jurisdiction over a consent decree and remanded the case for an evidentiary hearing and an articulation …
Alabama Counties Not Liable for Jail Conditions by The court of appeals for the eleventh circuit, sitting en banc, held that Alabama counties cannot be held liable for the operation of county jails. In doing so the court overturned prior circuit precedent on this issue. Phillip Turquitt was killed by …
Legislative Immunity For Local Jail Budget Votes by The Eleventh Circuit has held that county commissioners are entitled to absolute legislative immunity for failing to adequately fund a jail, thereby causing inadequate jail conditions Current and former Alabama jail prisoner plaintiffs sued alleging overcrowding, inadequate medical care and medical facilities, …
No Interlocutory Appeals in Decree Terminations by The court of appeals for the Sixth circuit held that it lacks jurisdiction to hear interlocutory appeals in motions to terminate consent decrees. In 1984 the United States sued the state of Michigan over unconstitutional prison conditions. The lawsuit was settled with a …
Pennsylvania Consent Decree Clarified by Afederal district court in Pennsylvania held that a consent decree was applicable only to prisoners confined to six prisons named therein. The court further held that violations of the decree could be considered by the court in contempt proceedings. However, the court would only entertain …
San Francisco City and County Jail Conditions Held Unconstitutional by A federal district court in California ruled that numerous conditions of confinement at San Francisco county jail # 3 violated contemporary standards of decency and the eighth and fourteenth amendments. Of particular importance to West coast readers, the court found …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Article • April 15, 1998 • from PLN April, 1998
PLRA Termination Provisions Constitutional by The court of appeals for the eighth circuit held that the "immediate termination" provisions of the Prison Litigation Reform Act (PLRA) does not violate the separation of powers doctrine, the due process clause, or equal protection. A contrary finding by an Iowa district court was …
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