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Brief • August 3, 2011
MacKenzie v. McNeil et al, FL, Amended Complaint, 8th Am sanitation, 2011 Case 4:11-cv-00045-RH-WCS Document 16-1 Filed 08/03/11 Page 1 of 19 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION DARRYLL JOEL McKENZIE, Plaintiff, Case No. 4:11-cv-45-RH-WCS vs. WALTER McNEIL, STEVEN SINGER, TONY ANDERSON, …
O'Neil, as next friend to the minor C.P,. v. Texas Dept. of Criminal Justice, et al., TX, settlement info, wrongful death, 2011 Case 2:10-cv-00003-J-BB Document 245 Filed 08/01/11 Page 1 of 3 PageID 2193 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS AMARILLO DIVISION GAIL O’NEIL, …
Rodriguez v. Miramontes, AZ, Complaint, Failure to Protect, 2011 case 2:11-cv-00926-DGC-ECV Document 7 Filed 07/18/11 Page 1 of 40 Case: 2:11-cv-00926-DGC --ECV --~».:= EILEO _ ~AEOEIVED Rodriguez, Ismael, V-66353 L G _copy JUL I 8 2011 Nam:: nnd Pri~ncr/13ooking Number California State Prison - Los Angeles County CLEAK U S …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Article • July 15, 2011
No Due Process Right In Avoiding Temporary Lock-Up; Unsanitary Bedding Actionable by Brandon Sample By Brandon Sample On April 10, 2008, the U.S. Court of Appeals for the Seventh Circuit affirmed in part and reversed in part the dismissal of a suit challenging a prisoner’s placement in Temporary Lock-Up (TLU) …
Louisiana Court Of Appeals Overturns Strip Tier Cell InjunctionOverturns by Matthew Clarke Louisiana Court Of Appeals Overturns Strip Tier Cell Injunction By Matt Clarke On June 20, 2007, a Louisiana state court of appeals overturned a district court’s granting of an injunction against prison officials placing the prisoner into a …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Article • July 15, 2011
Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit by Mark Wilson Fourth Circuit Reverses §1915A Dismissal of Failure to Protect Suit By Mark Wilson The Fourth Circuit Court of Appeals held that a lower court erred in dismissing a North Carolina prisoner’s failure to protect suit for failing …
Article • July 15, 2011
TDCJ Driver at Fault in Traffic Collision by In a claim filed March 14, 2008, attorney Donald DeGrasse of DeGrasse & Rolnick of Houston, sought remuneration from TDCJ for a traffic accident caused by a TDCJ employee. Attorney DeGrasse represented Chubb Insurance Group, which was the insurer of the other …
$150,000 Settlement in Wrongfully-Convicted Texan's Lawsuit by In March 2006, the Texas Department of Criminal Justice (TDCJ) settled for $150,000 a lawsuit brought by the guardian of a wrongfully-convicted man who was beaten by another prisoner and suffered permanent severe brain damage. Richard Danziger, a former Texas prisoner, was wrongly …
Article • July 15, 2011 • from PLN July, 2011
Pennsylvania DOC Agrees to Comply with Clean Air Act at Four Prisons by David Reutter by David M. Reutter A settlement agreement to remedy violations of the federal Clean Air Act at four Pennsylvania state prisons was announced on January 4, 2011. The settlement between the Pennsylvania Department of Corrections …
Article • July 15, 2011 • from PLN July, 2011
The Incredible Honey Bun Behind Bars by David Reutter by David M. Reutter Things that are seemingly inconsequential to people outside of prison can quickly become something of great importance when made available to prisoners. The honey bun is one such item, which has taken on its own lore and …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
Article • July 15, 2011
Pierce County, Washington Pays $1,500 for Vehicle Damage by Washington State’s Pierce County paid $1,500 for vehicle damage caused by a county prisoner transport vehicle. On April 8, 2008 Robert B. Smith IV was stopped with traffic in the city of Tacoma. Guard Mitchell Andreasen, who was driving a Peirce …
Washington: Eye Gouging Assault Severely Injures Airway Heights Prisoner by Derek Gilna A prisoner who killed his cellmate six years ago has assaulted and severely injured another prisoner at the Airway Heights Corrections Center near Spokane, Washington, according to police. The victim, Chad Bolstad, was attacked by his cellmate, Michael …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • July 15, 2011 • from PLN July, 2011
From the Editor by Paul Wright Over the past 20 years PLN has reported the various conditions class-action lawsuits in California concerning the lethal health care administered to prisoners. After decades of non-compliance with dozens of court orders the prison system’s health care was put into a federal receivership, yet …
Article • July 15, 2011 • from PLN July, 2011
Washington DOC Agrees to Change Sexual Abuse Policies by David Reutter by David M. Reutter The Washington Department of Corrections (WDOC) has agreed to change its policies that relate to preventing, reporting and investigating sexual abuse of prisoners by staff members. The changes resulted from a settlement in a class-action …
California Recognizes “Special Relationship” Between Jailer and Prisoner by Michael Brodheim By Michael Brodheim A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support …
Article • July 15, 2011
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
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