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Article • May 15, 2007
Pennsylvania Prisoner Has Right to Diversity Jurisdiction to Ensure Access to Courts by The US Court of Appeals for the Sixth Circuit held that the US District Court for the Southern District of Ohio, erred when it dismissed a prisoners suit for lack of jurisdiction. A prisoner serving a life …
Washington Prisoner Has Right to Due Process at Disciplinary Hearing by In an unpublished decision, the Washington Court of Appeals, Division One, held that pro se prisoner, Eric Felton, was denied his due process rights at a prison disciplinary hearing. In 1998, Felton was charged with arranging the assault of …
Article • May 15, 2007
Oklahoma Prisoner Has Right to File Civil Complaint to Enforce Property Rights by The Court of Civil Appeals of Oklahoma, Division 3, held that the Ottowa County District Court erred when it dismissed a prisoner's complaint citing a statute that suspends prisoners' civil rights. A prisoner serving a life sentence …
Article • May 15, 2007
Washington DOC Pays $52,000 in Bookshelf Injury Resulting in Blindness by In 1987, Charles W. Dickerson, a prisoner then confined at the Oregon State Penitentiary in Salem, Oregon was severely attacked and assaulted by another prisoner. As a result of the incident, Dickerson lost his left eye and his right …
Article • May 15, 2007
Washington DOC Pays $78,150 in Bus Slip and Fall by On October 23, 1992 Cheryl Turner Jennings, a free citizen of the State of Washington visiting a prisoner, fractured her left ankle while attempting to exit a bus owned by the State of Washington and the Department of Corrections. Jennings, …
Washington DOC Pays $1,700 in Faulty Kettle Claim by On December 6th, 1989 Alvin Lee Prater, then a prisoner confined at McNeil Island Corrections Center in Steilacoom, Washington, suffered a fall that injured both his right knee and lower back. Prater was working in the institution's kitchen when he was …
Article • May 15, 2007
Washington DOC Pays $5,500 for Faulty Stairs by On December 1st, 1999 Edward Tuinman, a prisoner confined at the Washington State Reformatory in Monroe, Washington, fell half way through a faulty set of stairs leading to the prison hospital. Tuinman was on his way to the medical floor when his …
Article • May 15, 2007
Washington DOC Pays $4,000 in Parking Lot Slip and Fall by In 1994 Robert A. Hamack tripped fell in the parking lot of Washington State Reformatory in Monroe, Washington. Hamack and his wife were on their way to visit a prisoner when Hamack, after dropping his wife off at the …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Article • May 15, 2007
Procedure Required for Sending/Receiving Sealed Media Mail by Procedure Required For Sending/Receiving Sealed Media Mail The U.S. District Court for the Eastern District of Arkansas held that the Arkansas DOC must implement policies regulating incoming mail from, and outgoing mail to, media representatives similar to those governing privileged legal mail. …
Article • May 15, 2007
Tape Recorded Deposition Discretionary by A federal district court in Ohio has held that granting an application to record the deposition of witnesses by tape recorder is within the Court's discretion under Fed. R.Civ.P. 30(b)(4). The Court granted the plaintiff's motion if: (1) a neutral party coordinates deposition by swearing …
Article • May 15, 2007
Washington DOC Pays $60,000 in Prisoner Work Injury by In November of 1999, the State of Washington and the Department of Corrections paid George Vilsack $60,000. On August 4, 1995, Vilsack, a prisoner Washington State Penitentiary in Walla Walla, Washington fell from a scaffolding. Vilsack was instructed by the DOC …
Washington DOC Pays $50,000 to Injured Contractor by In 1999, the State of Washington paid Ramon Martin $50,000. Martin, a free citizen of the State of Washington was employed as a contractor with Washington State. On June 30, 1996, Martin delivered a bucket loader to Clallam Bay Corrections Center in …
Washington DOC Pays $1,200 in Retaliation Suit by On August 2, 1999, Leonard Richardson was paid $1,200 by the State of Washington and the Department of Corrections. In July of 1995, Richardson was confined at the McNeil Island Corrections Center in Steilacoom, Washington. While there at MICC, Richardson filed several …
Washington DOC Pays $2,500 to Settle Disabled Discrimination Suit by Bart Blackburn, a prisoner confined at Washington State Penitentiary, was paid $2,500 in 1999 by the Washington Department of Corrections. Blackburn, a disabled person with bi-polar disabilities and a hearing impairment was denied access to transfer to a lesser custody. …
Article • May 15, 2007
Qualified Immunity Granted in Mail Inspection Case by A federal court in Nevada held that since the constitutionality of prison procedures governing the opening of prisoner mail was unclear, prison officials enjoyed qualified immunity with respect to the opening of a piece of mail from the Federal Bureau of Investigation, …
Article • May 15, 2007
Third Circuit Upholds "Publisher Only" Rule by Third Circuit Upholds "Publisher Only" Rule The Third Circuit Court of Appeals held that a Delaware prisoner's affidavit was insufficient to controvert a prison warden's affidavit, justifying a publisher-only policy. In the district court the prisoner responded to prison officials' motion for summary …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Prison Officials Must Support Mail Policy With Evidence by The Fifth Circuit Court of Appeals held in an Alabama case that "Alabama must show how applying its sweeping regulation [prohibiting prisoners in segregation from sending or receiving mail from other prisoners] . . . furthers its legitimate penological objectives. Alabama's …
Prisoner Burned Washington DOC Paid $4,500 by On June 3, 1994, John L. Cox, a prisoner confined at the Twin Rivers Correctional Facility in Monroe, Washington, was severely burned. Cox, working as a steam fitter, was ordered to remove a fitting to repair a broken pump when the fitting blew …
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