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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Eleventh Circuit Unpublished Decision on PLRA Administrative Exhaustion Requirements Trumped by Published Ruling by In an unpublished ruling, the Eleventh Circuit Court of Appeals held that summary judgment, rather than a motion to dismiss, was the proper procedure to determine whether a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 …
Palton v Remley, AR, Verdict, sexual abuse, 2009 Case 5:06-cv-00198-SWW-HLJ Document 223 Filed 07/16/2009 JURY INTERROGATORIES Page 1 of 3 NOTE: Complete the following interrogatories by writing in the names required by your verdict. 1. On plaintiff Jason Palton' s claim against defendant Antonio Remley, as submitted in Jury Instruction …
Preserving the Rule of Law in America’s Jails and Prisons: The Case for Amending the Prison Litigation Reform Act by Margo Schlanger by Margo Schlanger and Giovanna Shay** Prisons and jails pose a significant challenge to the rule of law within American boundaries. As a nation, we are committed to …
ADA Routinely Violated by Prisons in the case of Deaf Prisoners by McCay Vernon, Ph.D. Over the last forty years, Congress has enacted numerous laws specifically designed to assure disabled individuals access to the programs, activities, services, public facilities and other resources available to the general population. This access was …
Former Oregon DOC Food Manager Abandons Wife to Federal Prosecution; Herding Sheep in Iran While on the Lam by Mark Wilson Oregon Department of Corrections (ODOC) Food Services Administrator Farhad “Fred” Monem and his wife, Karen, accepted over $1.3 million in bribes and kickbacks in the worst public corruption scandal …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
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