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Denial of Wheelchair Claims Survive Summary Judgment by A federal court in Massachusetts held that issues of material fact concerning the extent of a prisoner's injuries precluded summary judgment. The court also held that the corrections commissioner was not entitled to qualified immunity related to the denial of a wheelchair …
Article • November 15, 2002 • from PLN November, 2002
Plaintiff's Disability Impacts Venue by A federal district court in New York held that a plaintiff's physical disabilities were relevant in deciding which court should hear his case. Ambroz Nikac is a wheelchair bound paraplegic who was arrested on federal weapons and stolen property charges. He spent ten months in …
Ripole v. Stanley, NH, Bill in Equity, ADA Violations, 2002 THE STATE OF NEW HAMPSHIRE MERRIMACK COUNTY SUPERIOR COURT ___________________________________ : DONALD RIOPEL, : : Plaintiff : : v. : : PHILLIP STANLEY, in his : official capacity as Commissioner, : New Hampshire Department of Corrections : : JANE COPLAN, …
Supreme Court: No Punitive Damages Allowed Under RA and ADA by In a unanimous opinion, the United States supreme court held that punitive damages are not allowed under the Rehabilitation Act, (RA), 29 U.S.C. § 794 (a) or the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132. Jeffrey Gorman …
Bailey v. MN DOC, MN, Complaint, ASL interpreter sex offender treatment disabled prisoner, 2002
Article • April 15, 2002 • from PLN April, 2002
$250,000 Award for Paraplegic Dallas County Jail Prisoner by $250,000 Award For Paraplegic Dallas County Jail Prisoner by Matthew T. Clarke A paraplegic Texas prisoner has been awarded a quarter million dollars for pain and suffering caused by conditions in the Dallas County Jail (the jail). Brent Lawson, a Texas …
Article • March 15, 2002 • from PLN March, 2002
$1,500 for Failure to Assist Disabled Prisoner by $1,500 for failure to assist disabled prisoner In 1999, Ronald Christner was confined at the AHCC. Mr. Christner is disabled and requires assistance in attending to his personal hygiene needs. On August 8, Mr. Christner was given a bath by AHCC nursing …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Administrative Exhaustion Required in Bivens Suits by The court of appeals for the Sixth Circuit ruled that federal prisoners filing Bivens suits must exhaust all administrative remedies regardless of whether or not they are seeking money damages. As previously reported in PLN, the Fifth, Ninth and Tenth circuits have held …
Claim Exhausted When Prison Refuses Grievance Appeal by The court of appeals for the Eleventh circuit held that a Georgia prisoner had exhausted his administrative remedies as required under the Prison Litigation Reform Act (PLRA) when the prison refused to process his grievance appeal. Tracy Miller, a paraplegic Georgia state …
Article • August 15, 2000 • from PLN August, 2000
$800,000 Settlement in AZ Jail Restraint Suit by In August, 1999, the Maricopa County board of supervisors, approved an $800,000 settlement for a pretrial detainee subjected to excessive force in the Maricopa County (Phoenix) Jail in Arizona. Richard Post, a wheelchair bound paraplegic was arrested and taken to the county …
Brown v. ID DOC, ID, Complaint and Demand for Jury Trial, ADA Medical Care Denial, 2000 "" 7"" I)F 1.n-ii COMPREHENSIVE ADVOCACY. INC. 845 West Center, CI07 Pocatello, ID 83204 Telephone. (208) 232..Q922 Facsimile (208) 232..Q938 Amy Cunningham, Attorney for Plaintiff, Douglas Brown UNITED STATES DISTRICT COURT FOR THE OISTRICTOF …
Brown v. ID DOC, ID, Complaint, Paraplegic Disabled Prisoner Neglect, 2000
Article • May 15, 2000 • from PLN May, 2000
Comatose Prisoners Expose the Limits of Mercy by Gary Hunter In Texas and California the hard line against crime has crashed against the bottom line of deficient state budgets. Short money and long sentences have politicians from both states purporting to search frantically for fiscal solutions. Texas legislators have proposed …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Article • May 15, 2000 • from PLN May, 2000
Court Modifies Education Plan for Rikers Island Youth by David Reutter by David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported …
ADA Applies to Parole Claims by The court of appeals for the Ninth circuit held that the Americans with Disabilities Act (ADA) applies to claims that prisoners are denied parole primarily due to past histories of substance abuse. The court held that habeas corpus is not the sole remedy for …
Constitutionality of ADA Upheld by Fourth Circuit by In the September, 1998, issue of PLN we reported Amos v. Maryland Department of Public Safety, 126 F.3d 589 (4th Cir. 1997) in which the court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12165 and the Rehabilitation Act …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
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