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Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Article • December 15, 2007
Lawfully Mandated Disclosure, Contract Stipulation Precludes Breech For Settlement Agreement Production by Texas former student of El Paso County Community College District (District) Constance Thomas, as well as the District, appealed a 2000 court ruling in a dispute awarding breech of contract to Thomas. The judgment was reversed because the …
Article • December 15, 2007
Kentucky Prisoners Requesting Account Statement Must Pay Required Fee by Pro se Kentucky State prisoner Michael Friend appealed a court's dismissal of his action to compel the Kentucky State Reformatory Warden to provide him with a copy of his account ledger at no charge. The court affirmed dismissal because payment …
Article • December 15, 2007
South Carolina Law Enforcement Reports Ordered Disclosed To Media by Newberry Publishing Company, Inc. (Publisher), appealed a court ruling denying an investigative report's production. The South Carolina Law Enforcement Division claimed that it was exempt as investigative material. The court reversed the order for nondisclosure with few exceptions. The Publisher …
Female Ohio Guards Awarded $475,000 For Gender Discrimination Regarding Assignment, Promotion by Seven female Ohio guards brought federal suit against the Trumbull County Sheriff's Department (Department) for emotional distress due to unfavorable assignments and lack of promotion. The court awarded them collectively $475,000. The guards claimed sex discrimination because their …
Article • December 15, 2007
$750,000 Settlement Reached In Virginia Police Abuse Case by A Virginia Commonwealth resident (Walker) was seriously injured by police during the use of excessive force. Police thought he was a rape suspect and shot him and then beat him with a nightstick. Walker brought suit which was settled prior to …
Article • December 15, 2007
Los Angeles Deputy Sheriff's Attempted Sexual Assault Settles For $55,000 by The Law Enforcement Services Division (LESD) of Los Angeles County, California, authorized a settlement in a claim of attempted sexual assault against Dominique Daniel by an on duty deputy sheriff. The settlement saved them over $400,000 in litigation and …
Article • December 15, 2007
Texas Prisoners Not Entitled To Records Request Under 2004 Act by Texas State prisoner Michael Cox appealed a 2006 Lubbock, Texas, court order denying his request for records concerning his 1992 conviction. The court interpreted his request as an attempt to appeal his case over a decade late and affirmed …
Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Article • December 15, 2007
$5,000 Awarded To Canadian Prisoner Exposed To Second Hand Smoke by In 2005, a Toronto prisoner was awarded $5,000 by a Canadian federal judge who ruled Correctional Services of Canada (GSC) failed to provide Vlado Maljkovich with the legally mandated healthy environment while in the Fenbrook Correctional Institute in Gravenhurst. …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Article • December 15, 2007 • from PLN December, 2007
European Court of Human Rights Awards Russian Prisoner $20,060 For Overcrowding by Matthew Clarke by Matt Clarke On March 29, 2007, the European Court of Human Rights in Strasbourg, France, awarded a Russian prisoner 15,000 Euros ($20,060) in damages for incarcerating him in extremely overcrowded conditions. On November 26, 2001, …
Article • December 15, 2007 • from PLN December, 2007
Texas Wrongful Death Jail Lawsuit Settles For $375,000 by In June 2006, Navarro County, Texas, agreed to pay $375,000 to the family of a juvenile prisoner who received no medical attention following his imprisonment in the county jail and died the following day. Jesus Martinez, a minor, was arrested on …
Article • December 15, 2007 • from PLN December, 2007
From the Editor by Paul Wright Long time readers of PLN may recall that from 1996 through 2004 John Midgley wrote our very popular Pro Se Tips and Tactics column with information on how prisoners could master civil procedure to vindicate their civil rights in court. John stopped writing the …
Problematic California Private Prison Sold to San Bernardino County by John Dannenberg by John E. Dannenberg In the continuing saga of a troubled private prison in Adelanto, California, the facility was sold to the County of San Bernardino for $31.2 million in February 2006. However, controversies haunted the county for …
Article • December 15, 2007 • from PLN December, 2007
Filed under: Commentary/Reviews
Prisoner’s Rights Profile: John Midgley by Todd Matthews Prisoner's Rights Profile: John Midgley An interview with Washington social justice attorney John Midgley by Todd Matthews "The most important thing about prison work is it's fundamentally about human rights," says John Midgley, a Seattle attorney who has worked in the fields …
Missouri: New State Law Conceals Identity of Executioners by John Dannenberg by John E. Dannenberg Missouri enacted a new law declaring the identity of those personnel participating in the execution process to be a state secret. The statute provides a legal cause of action for damages and punitive damages against …
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