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Article • May 15, 2007
Washington DOC Pays $10,810 in Wheelchair Discrimination Suit by In 1999, the State of Washington and the Department of Corrections paid Travis Sparr $10,810 dollars. Sparr, a double amputee above the knee, resided at Washington State Penitentiary in Walla Walla, Washington, when he was subjected to cruel and unusual punishment(s). …
Washington DOC Settles Retaliation Suit for $815 by In October of 1999, the State of Washington and the Department of Corrections paid Robert James Miller $551.52 and $264.00 in costs. Miller, a prisoner confined at Airway Heights, Washington, filed a civil suit in 1998 alleging that the State of Washington …
Washington DOC Pays $40,000 in Chair Collapse by In 1999, the Department of Corrections and the State of Washington paid Michael Debruyne $40,000. Debruyne, a free citizen of the State of Washington, was employed by Beginning Alliance, a contractor with the DOC providing alcohol and drug rehabilitation counseling at the …
Article • May 15, 2007
Washington DOC Pays $156 for Losing Court Tape by In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and …
Spoliation of Evidence May Imply Liability by A U.S. District Court in Maine held that the spoliation of relevant missing or tampered documents precluded summary judgment, and that certain supervisors were not liable to the estate of a deceased prisoner, but a clinical social worker and two prison guards were …
Stun Gunning & Straitjacketing Prisoner Okay by Stun Gunning & Straitjacketing Prisoner Okay The United States Court of Appeals for the Sixth Circuit held that the use of a stun gun and straight jacket by police on a prisoner did not violate the Eighth Amendment, and jail officials were not …
Article • May 15, 2007
Texas Jailhouse Lawyer Prohibition Unconstitutional by The United States Court of Appeals for the Fifth District held that a single judge could determine whether or not the Texas DOC's rules and practices prohibiting prisoners from giving or receiving legal assistance from one another, "in habeas corpus and other general civil …
Challenges to Systematic Prison Disciplinary Procedures Cognizable Under § 1983 by The United States Court of Appeals from the Fifth Circuit held that habeas corpus is not the sole remedy for challenging prison disciplinary actions, and the amount of process due is not contingent on the actual punishment imposed, but …
Maryland Son of Sam Statute Violates First Amendment by The Court of Appeals of Maryland vacated the judgment of the Anne Arundel County Circuit Court in an action brought by the state attorney general against a prisoner for allegedly violating the state's Son of Sam' statute. Ronald W. Price was …
Article • May 15, 2007
Michigan Use of Food Loaf Violates Prisoners' Due Process Rights by The U.S. District Court, W.D. Michigan, Southern Division, held that the use of "food loaf" as punishment even when prisoners' misconduct charges were dismissed, violated their right to due process. The United States brought action against the State of …
Article • May 15, 2007
Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard by Heck Bars §1983 Relief for Michigan Prisoner Assaulted by Guard In a peculiar and narrow application of a 1994 Supreme Court ruling, the Sixth Circuit affirmed a district court's denial of §1983 relief to a prisoner who was assaulted …
Virgin Island Prison Officials Held in Contempt for Failing to Comply with Conditions of Confinement Orders by The US District Court (D. Virgin Islands) held that Virgin Island Bureau of Corrections (BOC) officials were in contempt of court for not making all reasonable efforts to comply with the court's earlier …
Article • May 15, 2007
Administrative Hearing on Forced Medication Requires Due Process by A federal district court in South Dakota has ordered the Bureau of Prisons (BOP) to conduct again an administrative hearing on whether a prisoner should be forcibly medicated and instructed BOP to guarantee due process to the prisoner in the hearing. …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
Article • May 15, 2007
Filed under: State Statutes, Zoning
City Can Limit Vermont State Prison Population by The Vermont Supreme Court unanimously ruled that a city may limit the number of prisoners held in a state prison located within that city's limits. In 1992, the Vermont Department of Corrections (VDOC) applied to the City of South Burlington for a …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
Article • May 15, 2007
Denial of Motion to Dismiss Not Appealable by The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal. …
Article • May 15, 2007
Delay in Providing Surgery to Florida Prisoner States a Claim by A prisoner survived defendants' motion for summary judgment after the court found a genuine issue of material fact might exist as to whether a delay in treatment demonstrated deliberate indifference to a serious medical need. Seven prisoners from the …
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