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Ohio DOC Stipulates To Vastly Improved Medical Care by John Dannenberg by John E. Dannenberg The Ohio Department of Rehabilitation and Correction (ODRC) settled a prisoner class action federal lawsuit on October 6, 2005 by stipulating to comprehensive improvements to its prisoner medical care, grounded in adding 321 medical personnel …
Texas Federal District Judge Throws Out VitaPro Convictions by Matthew Clarke by Matthew T. Clarke In another bizarre twist to an already bewildering prosecution history, on September 9, 2005, Texas federal district judge Lynn Hughes, by judicial fiat, acquitted Andy Collins, the former executive director of the Texas Department of …
GAO: Private Contractors Perform Poorly At Overseas Military Prisons by Matthew T. Clarke A Government Accountability Office (GAO) report released April 29, 2005, criticized the militarys poor management of private contractors in Iraq and put partial blame for the Abu Ghraib prison scandal on private contractors and their poor management. …
Buddhist Prisoner Properly Denied Vegan Diet Under First Amendment; Case Remanded for RLUIPA Claim by David Reutter The Third Circuit Court of Appeals has held that a prisoners First Amendment religious exercise right to practice Mahayana Buddhism was not violated by prison officials refusal to provide a vegan diet. The …
Dittimus-Bey v. Taylor, NJ, Amended Complaint, Jail Conditions, 2006 Case 1:05-cv-00063-JBS-JS Document 60 Filed 03/31/06 Page 1 of 21 PageID: 248 TRUJILLO RODRIGUEZ & RICHARDS, LLC Lisa J. Rodriguez Nicole M. Acchione 8 Kings Highway West Haddonfield, NJ 08033 (856) 795-9002 Counsel for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF …
Article • January 15, 2006 • from PLN January, 2006
Filed under: Work, Prison Industries, Food
Death Penalty for Texas Prison Horses Stirs Controversy by Between February 2003 and November 2004, the Texas prison system sold 53 horses to the Dallas Crown slaughterhouse in Kaufmann, Texas, for processing into meat for human consumption. This violates § 149.003 of the Texas Agriculture Code. The first offense is …
Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …
Article • August 15, 2005 • from PLN August, 2005
$600,000 Settlement In Death Of Unmedicated Wisconsin Prisoner by A lawsuit over the death of a mentally ill epileptic Wisconsin prisoner has settled for $600,000. Kelvin Brooks, an epileptic state prisoner with a long history of mental illness was imprisoned at Wisconsin's Green Bay Correctional Facility. For unknown reasons Brooks …
Uprising by Vermont Prisoners Damages CCA Prison in Kentucky by Matthew Clarke by Matthew T. Clarke On September 14, 2004, a prisoner uprising rocked the 816-bed, 88-acre Lee Adjustment Center (LAC), a private prison owned and operated by Corrections Corporation of America (CCA) in Lee County, Kentucky. The Prison LAC …
Report Lambastes New York Lockdowns by Michael Rigby by: Michael Rigby Emotional and physical distress...restricted diets... "greeting beatings" ...high rates of mental illness...a reliance on warehousing instead of treatment. This is the troubling reality of disciplinary confinement in New York, according to a 54-page report released on October 22, 2003, …
Article • December 15, 2004 • from PLN December, 2004
New Jersey Vegetarian Meals Satisfy Halal Dietary Obligations by John E Dannenberg by John E. Dannenberg The Third U.S. Court of Appeals held that legitimate cost and convenience factors supported the New Jersey Department of Corrections' (NJDOC) decision to provide the 280 observant Muslims with only vegetarian Halal (Islamic ritually …
Indiana Jail Held in Contempt, Sanctions Imposed by An Indiana federal district court held that the sheriff of Marion County was in contempt of court for failing to comply with the court's previous orders relating to conditions at the County's jail. While the court held that punitive sanctions would not …
Montana BMPs Are Cruel and Unusual Punishment by Mark Wilson The Montana Supreme Court held that the use of Behavior Modification Plans (BMPs) and the living conditions of A-Block (Max) at the Montana State Penitentiary (MSP) constituted "an affront to the inviolable right of human dignity possessed by [prisoners] and …
Article • July 15, 2004 • from PLN July, 2004
California Agrees to Provide Kosher Prison Diet Program by John E Dannenberg by John E. Dannenberg The California Department of Corrections settled a prisoner civil rights complaint on November 12, 2003 by agreeing to accord approved kosher-observant Jewish prisoners a Kosher Diet Program (Program). The Program provides guidelines for foods …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
DOJ Investigation: Conditions in Arkansas Prisons Unconstitutional by Michael Rigby Conditions at the McPherson and Grimes Correctional Units in Newport, Arkansas are unconstitutional, the U.S. Department of Justice concluded after an 18-month investigation. According to the investigation report, dated November 25, 2003, investigators found that prisoners at both units experienced …
New Trial Ordered in Washington Strip Cell Conditions Suit by The Ninth circuit court of appeals has reversed for a new trial a Washington state prisoner's claim that he was placed in barbaric strip cell conditions for ten days because the district court allowed prejudicial hearsay testimony to be admitted …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Article • April 15, 2004 • from PLN April, 2004
Brief Statement of Operative Facts Satisfies Texas Pleading Requirement by by Matthew T. Clarke A Texas state court of appeals has held that a brief statement of operative facts of prior lawsuits satisfies the requirements of Texas Civil Practice and Remedies Code (TCPRC) §§ 14.004 & 14.005. Theron Belton, a …
Brief • March 13, 2004
Filed under: Food
Rodriguez v. Alves, NA, MoL in Opposition to Def Mot for SJ, Nutraloaf, 2004 PRELIMINARY STATEMENT Plaintiff, Wilfredo Rodriguez, by his attorney, PrisonersLegal Services of New York, (PLS) submit this memorandum of law, in opposition to defendants Alves, McGinnis and Morse motions for summary judgment pursuant to Rule 56(b) and …
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