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Article • May 15, 2007
No Summary Judgment on NY Failure to Protect Claim by The New York Supreme Court upheld a lower court's denial of summary judgment to jail officials on a prisoner's failure to protect claim. On January 17, 2001, James Nelson, a member of the "Bloods" gang, and Walter Lindsay fought in …
Article • May 15, 2007
$276,163 Award of Costs and Fees in Iowa Juvenile Detention Case by An Iowa federal District Court, in a pre-PLRA case, awarded $276,163.09 in attorney fees and costs in an action challenging juvenile detention and jailing practices in Webster County, Iowa. The litigation's history can be found at: Hendrickson v. …
Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed by Denial of Injunction Against Federal Guard's Sexual Harassment/Retaliation Reversed The Fifth Circuit court of appeals has reversed the denial of a Texas federal prisoner's motion for a temporary restraining order (TRO) seeking relief from sexual harassment and retaliation by a …
Article • May 15, 2007
NE Prisoner May Intervene in Child's Name Change Proceeding by The Nebraska Supreme Court held that a Nebraska state prisoner whose parental rights were not terminated may intervene in his biological child's proceeding seeking to change the child's surname. The father was paying child support, wrote his son, talked to …
Article • May 15, 2007
Filed under: Media, Internet
NY DOC Website Posting Not Defamatory by In an unpublished opinion, the court of appeals for the Second circuit upheld dismissal of a prisoner's lawsuit claiming that he was defamed when the New York Department of Correctional Services posted information stating he had been convicted of robbery on its website …
Article • May 15, 2007
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
Article • May 15, 2007
$200 Awarded To NY Prisoner in Slip and Fall Suit by Curtis Flowers, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for injuries he received as a result of slipping on the stairs at SSCF. On December 4,1998, Flowers slipped and …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
$194.50 Awarded To Prisoner in Loss of Property Suit by Stephen Grant, a prisoner at the Gowanda Correctional Facility (GCF), filed a pro se law suit against GCF, for depriving him of certain privileges and for the loss of his personal property. In September 1996, Grant, was placed in the …
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued …
$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Article • May 15, 2007
$1 Award Suit By NY Jail Prisoner Assaulted By Prison Guard by Robert Ciaprazi, a prisoner in New York, filed a law suit against Nassau County and Thomas Amato and Peter Skalkos, two jail guards, who allegedly assaulted him. Ciaprazi, alleged that in 1996, guard Amato was withholding food from …
Article • May 15, 2007
Class Action Allowed in County Jail Strip Search Cases by The U.S. Court of Appeals for the First Circuit has approved class certification in two jail strip search cases. The cases were both brought in the U.S. District Court for the District of Maine and challenged the strip search policies …
Soverign Immunity Bars Prisoners ADA Damage Claim by The Third Circuit Court of Appeals has held that a prisoner is not entitled to bring a claim for damages in a suit under Title II of the American with Disabilities Act (ADA). This lawsuit was brought by New Jersey prisoner Oliver …
Absurdity Exception Applied to PLRA Attorney Fee Cap in Pre-incarceration Claim by The Tenth Circuit Court of Appeals has held that the attorney's fees of the Prison Litigation Reform Act (PLRA) does not apply to prisoner lawsuits arising before their incarceration. The Civil Rights Action, filed by Ralph Robbins, sought …
Ad Seg for Death-Eligible Detainee Is Unconstitutional by A federal court in Puerto Rico held that confinement of a federal pretrial detainee in segregation solely because he faced the death penalty was unconstitutional punishment. It also held that the exhaustion requirement of the Prison Litigation Reform Act, (PLRA) was inapplicable …
Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed by Dismissal, Strike in Prisoner's §1983 Suit Partly Reversed The U.S. Seventh Circuit Court of Appeals, partly reversing the U.S. District Court, Central District of Illinois, held that a prisoner could bring a civil rights suit for demotion in job status and, …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
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