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Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
BOP Guards Smuggle Sperm for Mobsters by Gary Hunter BOP Guards Smuggle Sperm For Mobsters by Gary Hunter On March 1, 2002, the U.S. District court for the Middle District of Pennsylvania denied the motion of a mobster's wife requesting the return of her incarcerated husband's sperm. Circumstances leading to …
Article • December 15, 2002 • from PLN December, 2002
Pro Se Tips and Tactics by John Midgley The Supreme Court recently decided a case that may affect where you want to file a lawsuit against state defendants. There are some circumstances in which you may want to file your claims, including your federal claims, in state court. 1. The …
Article • November 15, 2002 • from PLN November, 2002
Defendants' Convenience Justifies Transfer of Venue by California Department of Corrections (CDC) defendants successfully moved to transfer the original venue of a prisoner's civil rights lawsuit to another district - based upon convenience. Lisa Williams, a prisoner at Valley State Prison for Women (VSPW) near Fresno, CA sued prison officials …
Article • November 15, 2002 • from PLN November, 2002
Plaintiff's Disability Impacts Venue by A federal district court in New York held that a plaintiff's physical disabilities were relevant in deciding which court should hear his case. Ambroz Nikac is a wheelchair bound paraplegic who was arrested on federal weapons and stolen property charges. He spent ten months in …
Remand Defeats Georgia DOC's Attempted 11th Amendment Immunity Bar by John E Dannenberg by John E. Dannenberg The US District Court (M.D. Ga.) remanded a state prisoner 42 USC §1983 medical indifference civil rights suit back to state court because under state law, defendant Georgia Dept. of Corrections (DOC) could …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • May 15, 2002 • from PLN May, 2002
Prison Phone Rate Case Remanded to South Carolina State Court by The United States District Court of South Carolina has remanded to state court a suit by prisoners' family members against Sprint Payphone Services and other communications providers, the State of South Carolina, and the South Carolina Department of Corrections …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
ADA Claims Against State Cannot Proceed in Federal Court by John E Dannenberg ADA Claims Against State Cannot Proceed In Federal Court In a suit against an Illinois prison brought under the Americans with Disabilities Act (ADA), a prisoner with impaired vision was denied monetary, declaratory, and injunctive relief in …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
2003 Washington Legislative Round-up by Lonnie Burton In its 2003 session the Washington leg-islature enacted numerous laws affecting prisoners. Highlights of the most relevant laws are as follows: Regional Jails Substitute House Bill 1609 instructs the Sentencing Guidelines Commission to present a plan by Dec. 31, 2003, for creating "pilot …
Out-of-State Prisoner Housing Contracts Subject to Long-Arm Jurisdiction by A federal court in Missouri has held that Missouri prisoners whose incarceration was contracted to Brazoria County, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused …
Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Fact Finding Required in Disciplinary Suits by In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for …
Article • July 15, 1993 • from PLN July, 1993
Dismissal not Appropriate for Unintentional Delay by David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he …
Article • June 15, 1993 • from PLN June, 1993
DC Not Proper Venue for BOP Suits by James Cameron is a federal prisoner. While at the penitentiary at Terre Haute he suffered a massive heart attack. Prison doctors stated he should receive a low sodium diet. The prison at Terre Haute could not provide a special diet and the …
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