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Article • May 15, 2008
Third Circuit Has Appellate Jurisdiction Over Unexhausted Claims by The plain language of the exhaustion requirement ("No action shall be brought") shows that Congress did not intend that it be applied to cases already pending on the date of the PLRA's enactment However, the plaintiff was required to exhaust under …
Article • May 15, 2008
NJ Prisoner’s Tuberculosis Suit Dismissed by NJ Prisoner's Tuberculosis Suit Dismissed The plaintiff tested positive for tuberculosis while incarcerated; he was given INH, which caused some liver problems. The defendants were not deliberately indifferent in not doing TB testing every six months rather than yearly and in giving him INH. …
Article • April 15, 2008 • from PLN April, 2008
Bergen County Jail, New Jersey, Provides Laptops for Legal Research by New Jersey?s Bergen County Jail is entering the 21st century with a revolutionary plan by Sheriff Leo McGuire to provide prisoners with laptop computers to do legal research while in the jail. The 80 laptops?stripped down durable mini-PCs?were purchased …
Cheaper than Chimpanzees: Expanding the Use of Prisoners in Medical Experiments by Greg Dober by Gregory Dober "It is the duty of the doctor to remain the protector of the life and health of that person on whom clinical research is being carried out." Declaration of Helsinki In June 2006, …
Who’s Monitoring Prison Medical Contract Requirements in New Jersey? No One by David Reutter Who's Monitoring Prison Medical Contract Requirements in New Jersey? No One by David Reutter PLN subscribers often read reports about the effects of privatized prisoner health care and the spread of privatization to prison and jail …
Brief • February 26, 2008
Haas v. Burlington County, N.J., illegal strip searches complaint 2008 Case 1:08-cv-01102-NLH-JS Document 1 Filed 02/26/08 Page 1 of 12 PageID: 1 Case 1:08-cv-01102-NLH-JS Document 1 Filed 02/26/08 Page 2 of 12 PageID: 2 Case 1:08-cv-01102-NLH-JS Document 1 Filed 02/26/08 Page 3 of 12 PageID: 3 Case 1:08-cv-01102-NLH-JS Document 1 …
Article • February 15, 2008 • from PLN February, 2008
New Jersey "Anthrax" Legal Mail Policy Unconstitutional; Count Condemns Opening Outside Prisoner's Presence by The Third Circuit Court of Appeals has held that a New Jersey Department of Corrections' (NJDOC) policy of opening prisoners' legal mail outside their presence is unconstitutional. That policy was enacted by a NJDOC memorandum dated …
Videotape Confidentiality Claim Requires Specifics of Reasoning for Review by A New Jersey Superior Court, Appellate Division, has held that a generalized confidentiality assertion by the Department of Corrections (DOC) was improper, and the DOC must present sufficient evidence to enable the court to review its confidentiality claim. The ruling …
New Jersey District Court: Reargument Granted in PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner?s contention that the failure of Prison Health Services (PHS) to monitor her lithium levels fell under the common knowledge exception …
Article • January 15, 2008
New Jersey Appeals Court Upholds Disabled Guard’s $236,000 Award by New Jersey Appeals Court Upholds Disabled Guard's $236,000 Award On June 30, 2006, the Superior Court of New Jersey, Appellate Division, upheld a jury's award of $236,000 to a former Gloucester County jail guard who claimed he was forced to …
Article • January 15, 2008 • from PLN January, 2008
Self-Defense: A New Jersey Prisoner’s Right by Self-Defense: A New Jersey Prisoner's Right A New Jersey Superior Court, Appellate Division, has held that a prisoner has a right to self-defense while incarcerated. Thus, a hearing officer must make specific findings when a self-defense theory is asserted. The ruling came in …
Brief • January 10, 2008
Jones v. Hayman, NJ, BiS Plf Mot for PI, Women Prisoners Conditions Suit, 2008
Jama et al v. Esmor Correctional Services, NJ, Memo in Support of Plf Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 544 Filed 01/08/2008 Page 1 of 43 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES …
Jama et al v. Esmor Correctional Services, NJ, Plf Notice of Mot for Atty Fees, immigration beating, 2008 Case 2:97-cv-03093-DRD-MAS Document 541 Filed 01/08/2008 Page 1 of 2 Derek S. Tarson, Esq. Debevoise & Plimpton LLP 919 Third Avenue New York, New York 10022 (212) 909-6000 UNITED STATES DISTRICT COURT …
Brief • December 26, 2007
Jama et al v. Esmor Correctional Services, NJ, Order, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 540 Filed 12/26/2007 Page 1 of 1
Article • December 15, 2007 • from PLN December, 2007
County, Contractor Settle Diabetic New Jersey Prisoner’s Death for $700,000 by County, Contractor Settle Diabetic New Jersey Prisoner's Death for $700,000 On April 3, 2007, Essex County, New Jersey, and Correctional Health Services (CHS) paid $700,000 to settle with the family of a man who died from insulin deficiency after …
Article • December 15, 2007 • from PLN December, 2007
Sudden Rise in New Jersey Prison Guard Firings by Matthew Clarke by Matt Clarke The number of New Jersey state prison system employees terminated for disciplinary reasons rose from 33 in 2005 to 69 in 2006. 52 of the 2006 firings are final; 17 are on appeal. The reasons for …
Gay NJ Guard Awarded $2.8 Million for Sexual Harassment, Discrimination by A New Jersey gay female jail guard was awarded $2,847,188, for discrimination, sexual harassment, and retaliation. Karen Caggiano began working in the prison transport unit of the Essex County Sheriff's Department in August 1993. "Caggiano, a lesbian and one …
Retroactive Application of NJ Sex Offender Law Upheld by The plaintiffs were convicted before September 1979 of sex offenses and their conduct determined to be characterized by "a pattern of repetitive and compulsive behavior." They were sentenced to indeterminate terms in an Adult Diagnostic and Treatment Center and could not …
Jama et al v. Esmor Correctional Services, NJ, Judgment, immigration beating, 2007 Case 2:97-cv-03093-DRD-MAS Document 537 Filed 12/07/2007 Page 1 of 2 Case 2:97-cv-03093-DRD-MAS Document 537 Filed 12/07/2007 Page 2 of 2
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