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Article • September 15, 2009
$3,300 Settlement for Cruel and Unusual Punishment by Jail Guards by Washington State’s King County Jail paid $3,298.53 to settle the claim of James D. Wilks, who alleged that he was subject to cruel and unusual punishment in January and February 2002. The complaint alleges that Wilks was not treated …
Article • September 15, 2009
$1,500 Settlement for Prisoner-on-Prisoner Assault at Seattle Jail by Washington State’s King County paid $1,500 to settle the claim of prisoner Steven L. Morris, who claimed that as he concluded a visit on December 24, 2003 at the Regional Justice Center King County Jail, he was attacked by another prisoner …
Article • September 15, 2009 • from PLN September, 2009
California Prison Still Subpar, Grand Jury Finds by The Pleasant Valley State Prison (PVSP) in Coalinga, California continues to suffer from overcrowding and inadequate medical care, according to a March 25, 2009, report by the Fresno County Grand Jury. As part of section 919(b) of the California Penal Code, grand …
Article • September 15, 2009
California Prisoner Rights Cases Projected To Cost State $8 Billion Over Five Years by Eight judgments in class-action prisoners' rights actions during the last dozen years are projected to add $8 billion in costs to the California Department of Corrections and Rehabilitation (CDCR) budget over the next five years. It …
Article • September 15, 2009
$10,000 Settlement for Ill Treatment Prisoner Colostomy Bag by Washington State’s King County jail has paid $10,000 to settle the claim of Patrick Gaines, who entered jail on May 17, 2002 wearing a colostomy bag that had been surgically implanted in December 2001. Up until May 20, Gaines was kept …
Arizona DOC May Be Held Accountable for Not Protecting Prisoners from Asbestos by A federal magistrate judge in Arizona has recommended denying a motion for summary judgment filed by the State of Arizona in a lawsuit brought by a group of current and former prisoners. The suit was filed after …
Article • September 15, 2009
$10,000 Settlement in Failure to Protect From Tuberculosis by Seattle Jail by Washington State’s King County Jail paid $12,500.32 to settle the claim of Michael Regan, who claimed that he contracted tuberculosis (TB) while in the jail from June 28 to July 4, 2001, because he was housed with a …
Adams v. CCA, CO, Plf Res to Def Res to Mot to Strike injuries, prison riot, 2009 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: …
Brief • August 20, 2009
Howard v. Clarkson, CO, Stipulated Protective Order, inmate threats extortion complaints, 2009 Case 1:06-cv-00282-PAB-CBS Document 194-2 Filed 08/20/2009 USDC Colorado Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 06-cv-00282-PAB-CBS SCOTT L. HOWARD, Plaintiff, v. CAPTAIN JOHN CLARKSON, in his individual and …
Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a prisoner had exhausted administrative remedies under the Prison …
Article • August 15, 2009 • from PLN August, 2009
Denial of Bedding, Clothes to Florida Prisoner States Claim by Florida’s First District Court of Appeal held that a prisoner’s civil rights complaint alleging that a guard denied him blankets, bed sheets and clean clothing for four-and-a-half months, causing illness and injury, stated a claim that was sufficient to withstand …
Article • August 15, 2009 • from PLN August, 2009
Improper Classification that Resulted in Seattle Jail Beating Settles for $37,500 by Washington State’s King County Jail settled a claim that a prisoner was beaten severely by another prisoner due to improper classification for $37,500. While at the Jail on August 2, 2003, Ian Kennedy Lennox was beaten by Carlos …
Article • August 15, 2009 • from PLN August, 2009
Audit Report Finds Michigan Prisoner Transportation System Wasteful by David Reutter by David M. Reutter Michigan’s Auditor General has issued a report that criticizes the Michigan Department of Corrections (MDOC) prison transport system as inefficient and wasteful of taxpayer money. The report notes that MDOC has failed to implement recommendations …
Allowing Others to Attack Prisoner, Making Credible Death Threats, Labeling Prisoner a Snitch Violate Eighth Amendment by The U.S. Court of Appeals for the Eighth Circuit affirmed in part a district court’s denial of qualified immunity to four guards accused of violating a prisoner’s Eighth Amendment rights. William Irving, a …
Article • August 15, 2009 • from PLN August, 2009
Prolonged Bench Restraint and Excessive Pepper Spraying Requires Trial by The Eighth Circuit Court of Appeals has reversed a grant of summary judgment to prison officials in a prisoner’s lawsuit alleging Eighth Amendment violations when guards restrained him on a bench for 24 hours for refusing to accept a cell …
Article • August 15, 2009 • from PLN August, 2009
Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals has reversed a district court’s order granting summary judgment to prison officials in a prisoner’s environmental tobacco smoke (ETS) lawsuit. Getzell Johnson Murrell, Sr., a federal prisoner incarcerated in Beaumont, …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Vermont Supreme Court: “Nutraloaf” Diet Is Punishment that Requires Hearing by On March 13, 2009, the Vermont Supreme Court held that placing a prisoner on a “Nutraloaf” and water diet constitutes punishment that requires a hearing before the punitive diet is imposed. William Borden, Richard Pahl and Brian Pelletier, Vermont …
Violence on the Rise in BOP Facilities by Brandon Sample Killings, assaults and other acts of violence are becoming more widespread in the federal Bureau of Prisons (BOP), as the prison population increases and staff-to-prisoner ratios decline. Fifteen prisoner-on-prisoner BOP homicides occurred in 2008 compared with 12 in 2007. Serious …
Brief • August 4, 2009
Coleman v. Schwarzenegger, CA, Opinion and Order, Prison Conditions, 2009 1 IN THE UNITED STATES DISTRICT COURTS 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 AND THE NORTHERN DISTRICT OF CALIFORNIA 4 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES 5 PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE …
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