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Article • July 15, 2008
Filed under: Sentencing, Parole
One Dollar Awarded Pennsylvania Prisoner For Arbitrary Parole Denial by Pennsylvania State prisoner Alex Davis brought a 42 U.S.C. § 1983 action against personnel at SCI-Graterford prison in 2003 claiming deprivation of rights. He alleged due process violation for arbitrary parole denial. The jury awarded him one dollar. Davis sold …
Article • July 15, 2008
Contract to Purchase Medical Practice Non-Exempt Under North Carolina Public Records Act by The North Carolina Court of Appeals has held that a contract by a public hospital to purchase a medical practice is not “competitive health care information” that exempts the contract form the State’s Public Records Act. Before …
Article • July 15, 2008
$40,000 Awarded Four Texas Probation Department Employees In Sexual Harassment Suit, by Nueces County (Texas) Community Supervision an Corrections Department (Department) probation officers Elana Rodriguez, Ida Aguilar, Carolina Balli-Kolpak and Sylvia Westrup filed § 1983 and Title VII civil rights action in 2007 against state officials. They claimed sexual harassment …
Article • July 15, 2008
West Virginia Prisoners Can’t use State FOIA for Discovery in State Habeas Actions by Roger Wyant and Lorenzo Valentine (Prisoners), both West Virginia state prisoners, challenged their criminal convictions through state Habeas Corpus actions. They sued in State Court to compel a county clerk to provide them with court documents …
Article • July 15, 2008
West Virginia Police Report of Fight Between Juveniles is a Disclosable Public Record Under State FOIA by Ogden Newspapers, Inc. (Paper), sued the City of Williamstown in state court to compel disclosure of police reports about a fight between two juveniles, pursuant to the state Freedom of Information Act (FOIA), …
Preliminary Injunction For Improved TB Testing in Pennsylvania Prisons by On September 29, 1992, a federal district court granted Pennsylvania state prisoners a preliminary injunction ordering the implementation of a new policy on the detection and treatment of tuberculosis (TB) cases in Pennsylvania state prisons. This is a, class-action suit …
Article • July 15, 2008
Prisoner Awarded $3.50 in Product Liability for Defective Shower Shoes by A Massachusetts Superior Court awarded David Jackson, a prisoner at the state prison in Walpole, $3.50 for a products liability claim related to a pair of plastic “deluxe” shower shoes Jackson bought from the prison canteen. The private canteen …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Article • July 15, 2008
Summary Dismissal of Court Access Claim Reversed by The Seventh Circuit Court of Appeals reversed a lower court’s sua sponte dismissal of a prisoner’s access-to-courts claim for failure to state a claim. The court also held that the prisoner was entitled to amend his complaint. Indiana prisoner Kenneth Marshal filed …
Tenth Circuit Reverses Dismissal of Federal Prisoner's Medical Suit by The Tenth Circuit Court of Appeals reversed a lower court's dismissal of a federal prisoner's suit, finding that the prisoner had adequately exhausted his administrative remedies and stated a cognizable deliberate indifference claim. Former Japanese Red Army member Yu Kikumura …
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Article • July 15, 2008
West Virginia Jail Payroll Records not “Public Records” for Purposes of State FOIA by The Affiliated Construction Trades Foundation sued a West Virginia jail in state court to compel the compilation and disclosure of payroll records for jail guards, pursuant to the state Freedom of Information Act (FOIA), W.Va. Code …
Article • July 15, 2008
Suits Attack “Dirty Tactics” of Portland, Oregon Police by Four men are suing the Portland Police Bureau in state court, alleging that their civil rights were violated by police “dirty tactics.” Lawyers for the men are calling for an independent investigation of the complaints. On May 27, 2006, while searching …
Article • July 15, 2008
Texas Eliminates Next-Grand-Jury-Session Limitation On Indictments by by Matthew T. Clarke On December 6, 1006, the Texas Court of Criminal Appeals (CCA) held unconstitutional the provision of Article 28.061, Texas Code of Criminal Procedure (CCP), requiring dismissal of a prosecution with prejudice if an indictment is not brought against a …
Article • July 15, 2008
Texas Juvenile Justice Whistleblower Settles for $175,000 by On the eve of trial Bowie County, Texas and Bowie County Juvenile Center (BCJC) employee Bruce Ballou agreed to pay former BCJC employee Karen Foster $175,000 to settle her whistleblower complaint in federal court. The action was filed by Karen Foster, a …
Article • July 15, 2008
Prison Music Program Not Constitutionally Required by A Pennsylvania federal district court has held that limitations imposed by prison officials on prisoners performing in “independent” music programs do not violate the constitution. The ruling came after a three-day non-jury trial in a civil rights action filed by prisoner Richard Young. …
Article • July 15, 2008
Seven California Women Prisoners Settle Sexual Assault Suit for $160,000 by Seven women between 25 and 60 years old settled their sexual assault suit against California for $160,000. Plaintiffs were confined at the Avenal State Prison, near Fresno in 1989 and 1990. Avenal was a male prison and most of …
Prison Health Services Physician’s Assistant License Revocation Upheld by On June 2, 2005, a Maryland court of appeals upheld the revocation of a Prison Health Services (PBS) Physician’s Assistant (PA) certificate for fraudulently procuring prescriptions for his adult son. Carl F. Oltman, Sr., was a PA, employed by PHS, contracted …
Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
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