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Sixth Circuit Now Permits § 1983 Complaint to Proceed Even if Prisoner Did Not Initially Plead Exhaustion Below by John Dannenberg by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals has vacated its precedent which held that a prisoner had an affirmative burden to plead exhaustion of administrative …
Connecticut Takes Cut of Prisoner Judgments and Inheritances by Matthew Clarke by Matthew T. Clarke Connecticut has enhanced its use of a state law (C.G.S.A. § 18-85a) that allows it to recover costs of incarceration from prisoners, targeting prisoners who benefit from a ?windfall? such as an inheritance, insurance settlement, …
Article • September 15, 2007 • from PLN September, 2007
Texas Must Afford Prisoners Due Process in Trust Fund Garnishment by Matthew Clarke by Matthew T. Clarke In an unprecedented decision, a Texas court of appeals held that the state must give a prisoner notice and other due process protection when garnishing his trust fund for payment of criminal fines. …
Erroneous Jury Instruction Nets Raped Missouri Prisoner New Civil Trial by The Eighth Circuit Court of Appeals reversed a jury verdict against a prisoner-plaintiff, finding that the lower court erred in responding to a jury question during deliberations. Missouri Department of Corrections (MDOC) prisoner Ronnie Conley was raped repeatedly by …
Article • September 15, 2007 • from PLN September, 2007
Illinois Parole Board Pays Nearly $11,000 in Attorney Fees, Can Only Charge Reasonable Postage and Copying Costs by On February 7, 2007, the Appellate Court of Illinois ruled that because the Illinois parole board had wrongfully withheld documents and charged outrageous fees for copies, it was liable for attorney fees …
Bivens Claims Against Private Prison Employees May Fail When Other Remedies Available by In an evenly divided en banc rehearing, the United States Court of Appeals for the Tenth Circuit was unable to decide whether a Bivens action is available against employees of a privately?operated prison. In 2001, Cornelius E. …
Article • September 15, 2007 • from PLN September, 2007
California Sexual Predator Commitment Requires Trial; Cannot be Based on Civil Discovery Admissions by The California Court of Appeal, District 4, held that the civil commitment of sexual predators (Cal. Welfare and Institutions Code § 6600 et seq.) cannot be obtained upon admissions propounded under civil discovery rules. To do …
Brief • August 27, 2007
Barnes v. Sackman, WA, Response to Motion to Exclude Expert Testimony, Police Practices, 2007 Hon. Thomas S. Zilly 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 15 16 17 18 MAIKOIYO ALLEY-BARNES, Plaintiff, v. …
Brief • August 27, 2007
Barnes v. Sackman, WA, Motion to Exclude Expert Testimony, Police Practices, 2008 Hon. Thomas S. Zilly 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 15 16 17 18 MAIKOIYO ALLEY-BARNES, Plaintiff, v. GREG W. …
Wrongfully Imprisoned California Man Awarded $18 Million by On February 15, 2006, a federal jury in California awarded $18 million to a man who was wrongly charged with sexual assault of a child and imprisoned for 10 months. During his false imprisonment in the Los Angeles County Jail, Ramirez, 26, …
Article • August 15, 2007 • from PLN August, 2007
New York Prisoner Awarded $190,000 For Improperly Treated Knee Injury by On June 6, 2006, a court of claims in White Plains, New York, awarded $190,000 to a state prisoner who claimed prison staff was medically negligent in their treatment of his knee injury, thus causing him to undergo an …
Article • August 15, 2007 • from PLN August, 2007
From the Editor by Paul Wright This month?s cover story reports on the public health implications which the willful neglect of prisoner health care issues in this country has on the overall population. This has been an ongoing topic of coverage in PLN over the past 17 years. Sadly, nothing …
United States Sues Georgia County Jail over Unconstitutional Medical and Living Conditions by John Dannenberg by John E. Dannenberg Using its investigative powers under the Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997, the U.S. Dept. of Justice (DOJ) investigated conditions at the Terrell County, Georgia jail …
An Old Story: District of Columbia Continues Overdetaining and Strip Searching Prisoners by A federal district court for the District of Columbia has, once again, certified a class action in a complaint that District of Columbia is over-detaining persons ordered released and strip searching them without individualized suspicion. The Court …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Article • July 15, 2007 • from PLN July, 2007
Texas Court Ordered to Accept Prisoners’ Correspondence by Texas Court Ordered to Accept Prisoners' Correspondence In a bizarre case, a Court of Appeals in Texas had to order a state district court to accept correspondence from prisoners. Felix DeLeon, a Texas state prisoner, filed a petition for a writ of …
Federal Court Awards Illinois Prisoner $7,116 in Fees, Costs by Michael Rigby By Michael Rigby On August 18, 2006, the U.S. District Court for the Southern District of Illinois awarded $7,116.35 in attorney's fees and costs to a state prisoner who prevailed in his civil rights claim against prison officials. …
Colorado Settles Class Action Prison Disability Discrimination Suit For Over $3 Million by The Colorado Department of Corrections (CDOC) has settled a class action disability discrimination suit over accessibility inside its state prisons for prisoners with impairments in mobility, hearing, sight and for diabetics. Over $3 million will be spent …
Article • July 15, 2007 • from PLN July, 2007
Washington State’s Federal Oversight of Sexually Violent Predators Ended by John Dannenberg Washington State's Federal Oversight of Sexually Violent Predators Ended by John E. Dannenberg After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator …
Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law by John Dannenberg Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law by John E. Dannenberg The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 …
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