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Article • May 15, 2007
Filed under: Classification, HIV/AIDS
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
Article • May 15, 2007
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit by In 2000 the New York, Court of Claims awarded $200,000 in damages to a prisoner who was assaulted by a guard at the Gowanda Correctional Facility in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin filed suit …
Article • May 15, 2007
New Mexico County Settles Sex Assault Claim for $40,000 by During the week of June 26, 2000, San Juan County, New Mexico, agreed to settle for $40,000 a former prisoner's lawsuit that claimed she was sexually assaulted by two jailers at the county jail. Plaintiff Sandra Lucero alleged that during …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
Article • May 15, 2007
$6,722 Paid in Improper Lien for WA Attorney Costs by Washington Prisoners Thomas W.S Richey, David E. Jirvoec, and Donald D. Hemphill had their prisoner accounts frozen for assessment of liens for attorney costs related to litigation they had engaged in. However, the cost awards were never made by a …
Iowa Jail Employee's Whistleblower Jury Award Reduced to $258,027 by Matthew Clarke by Matthew T. Clarke On December 31, 2003, a federal judge in Iowa reduced a whistle-blowing former assistant jail administrator's $250,000 jury award for emotional distress to $130,000 while letting stand the remaining award of $128,027 for lost …
Article • May 15, 2007
Fifth Circuit Denies Rehearing in Pugh v. Locke/Newman v. Alabama by The court of appeals for the Fifth Circuit denied en banc review of a class-action suit Alabama prisoners that challenged the conditions of confinement in Alabama state prisons. The ruling on the merits declaring the conditions unconstitutional and consolidated …
Article • May 15, 2007
Fifth Circuit Upholds Refusal to Modify Ruiz Consent Decree by The court of appeals for the Fifth Circuit upheld a district Court ruling denying Texas prison officials' motion to modify prison conditions consent decree. Citing an unexpected, sharp rise in prisoner admissions, to the Texas prison system the defendants in …
Article • May 15, 2007
Most of Ruiz Relief Terminated Under PLRA by Under the PLRA, the district court terminated most of the previously-ordered prospective relief aimed at correcting unconstitutional conditions in Texas prisons. Relief was terminated in areas involving prison staffing, discipline, single-cell housing for prisoners in administrative segregation, access to courts, visitation, overcrowding, …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
Article • May 15, 2007
No Notice of Reconsideration is Abuse of Discretion by The Oklahoma Supreme Court held that a trial court abused its discretion in failing to notify a prisoner that it had reconsidered its earlier order allowing him to attend a hearing. Oklahoma prisoner Steve Kordis brought suit against several family members …
Article • May 15, 2007
OK 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 a prisoners civil rights. A prisoner serving a life …
Article • May 15, 2007
Restraining Chair Beating Heads for Trial by A federal district court in Kansas has denied the defendant's Motion for Summary Judgment in the beating of pretrial detainee William S. Davis. While detained in the Sedgwick County Adult Detention Facility (jail) for driving under the influence of alcohol, Davis was placed …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Texas Prison Officials Held in Contempt in Prison Conditions Case by A federal district court Texas held Texas prison officials in contempt for procrastinating in implementing court-ordered prison reforms. The district court held that prison officials had deliberately ignored the court's orders in the following areas of controversy: (1) the …
Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
Article • May 15, 2007
$2,000 For 35 Days Unlawful Confinement by Washington DOC by Susan Garner was scheduled to be released on June 19, 1998 from the custody of the Washington Department of Corrections. However, her Community Corrections Officer failed to notify law enforcement as required by statute and she was detained an additional …
Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Article • May 15, 2007
CA Supreme Court Strikes Ban On Mail Between Prisoner And Parolee by The California Supreme Court held that the California Department of Corrections must allow prisoners to correspond with parolees. The DOC denied a Prisoner Rights Union official the right to correspond with California prisoners because he was a parolee. …
Article • May 15, 2007
CA Supreme Court Strikes Down Prison Ban On Union Buttons by The California Supreme Court held that the Department of Corrections violated prisoners' right to freedom of speech by not allowing them to wear union lapel buttons. A California prisoner filed a habeas corpus petition against the CA DOC for …
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