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Article • July 15, 2008
New Mexico Detention Center Closed for Constitutional Violations by The American Civil Liberties Union (ACLU) of New Mexico and several New Mexico state prisoners, sued the Board of County Commissioners for Valencia County (Board) in federal district court over numerous constitutional violations at the Valencia County Detention Center (Center). The …
Article • July 15, 2008
Michigan Pays $450,000 to Woman Hit by Prison Van by On March 30, 2006, the State of Michigan paid $450,000 to settle a lawsuit brought by a woman who suffered severe leg fractures after being hit by a prison van. Rosalee Farraher, a 69-year-old retired female, claimed in her lawsuit …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
OH DOC Not Required to Take Prisoners Outside of Prison for Religious Rites by Ralf Beasley, an Ohio state prisoner, wanted to convert to Orthodox Judaism, but to do so he would have to visit an outside synagogue to receive a ritual bath called a Mikvah. When prison officials refused …
Article • July 15, 2008
Prisoner Awarded $3.50 in Product Liability for Defective Shower Shoes by A Massachusetts Superior Court awarded David Jackson, a prisoner at the state prison in Walpole, $3.50 for a products liability claim related to a pair of plastic “deluxe” shower shoes Jackson bought from the prison canteen. The private canteen …
Article • July 15, 2008
Public Duty Doctrine Discussed; North Carolina’s DHHS Has Duty to Inspect/Protect Prisoners by A North Carolina Court of Appeals has held that the State’s Department of Health and Human Services is not entitled to dismissal of a lawsuit brought on ground DHHS failed to properly train an employee in inspecting …
Tenth Circuit Applies Harmless Error in Prison Discipline by The Tenth Circuit Court of Appeals held that precluding a prisoner from presenting witness testimony at a prison disciplinary proceeding was harmless error. Kansas prisoner Patrick Grossman was charged with inciting a riot in relation to a December 21, 2002 incident …
Seventh Circuit: Wisconsin Supermax Conditions Unconstitutional by by John E. Dannenberg PLN has oft reported on the psychologically debilitating conditions at the Wisconsin Department of Corrections’ supermax prison at Boscobel. [See, e.g., PLN, April 2002, p.1, Barbaric Conditions at Wisconsin Supermax Result in PI to Transfer Mentally Ill Prisoners]. The …
Article • July 15, 2008
Massachusetts Prison Official's Ordered To Improve Prisoners' Treatment by Massachusetts State corrections officials (appellants) challenged a court order requiring better treatment for prisoners at the Massachusetts Correctional Institution (MCI) at Walpole claiming that the court exceeded it's statutory authority. The order was affirmed and no separation of powers doctrine violation …
Article • July 15, 2008
Massachusetts Correctional Institution's BX Unit Ruled Inhumane by Massachusetts Correctional Institution at Bridgewater (MCI) representative, Frank Hall, and other officials objected to a magistrates report finding unconstitutional conditions of confinement at MCl's BX Unit (Unit). The report was adopted and remanded for the magistrate's remedial instruction as Special Master. The …
Virgin Islands Prison Ordered Revamped After Ignoring Court's Warnings by U.S. District Court Judge Warren Young ordered change-at the Golden Grove Adult Correctional Facility (GGACF) in St. Croix, Virgin Islands. The court's original recommendation spurred by numerous complaints was ignored, leading to a persuasive Memorandum Opinion and accompanying order in …
Post-Trial Litigation Fees Awarded Michigan Prisoner After Guard-Ordered Attack by Michigan State prisoner Barton Allen motioned to recover post-litigation fees after being awarded $200,000 in a 42 U.S.C. § 1983 action for a guard-ordered assault. $3,757.50 in attorney's fees were awarded for litigating against the defendant's unsuccessful remittitur petition. A …
Brief • July 14, 2008
Lancaster v. Cate, CA, Order Granting Atty Fees, Death Row Conditions, 2008 Case 3:79-cv-01630-WHA Document 1555 Filed 07/14/2008 Page 1 of 10 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California …
ACLU Report - Mental Health Issues in Los Angeles County Jail 2008 r!n!lAMERICAN CIVIL LIBERTIES UNION of SOUTHERN SOUTHERN CALIFORNIA CALIFORNIA of LIBERTY II JUSTICE II EQUALITY EQUALITY Chair 7,2008 July 7, 2008 Jarl Mohn Jarl Mohn President To: Douglas Mirell Mirell Chairs Emeriti Danny Goldberg Allan K. Allan K. …
Article • June 15, 2008 • from PLN June, 2008
Record Number of Disciplinary Actions Against Texas Prison Guards by Matthew Clarke by Matt Clarke As previously reported in PLN, a record number of Texas prison guards have been arrested in recent years [see: PLN, May 2007, p. 26]. The Texas Department of Criminal Justice (TDCJ) has now confirmed that …
Article • June 15, 2008 • from PLN June, 2008
$154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS by Hawaii’s First Circuit Court has awarded a prisoner $153,652.73 in a negligence lawsuit. The prisoner’s claims arise from the failure to provide ladders on bunk beds and failure to enforce a non-smoking …
Eight Guards, Nurse Acquitted in Florida Child’s Beating Death by David Reutter by David M. Reutter An all white Florida jury acquitted eight former boot camp guards and a nurse of manslaughter in the death of 14-year-old Martin Lee Anderson. PLN previously reported upon the beating and dragged death of …
33,000 California Prisoners May Need Credits Recalculated Due To Retroactive State Court Decisions by John Dannenberg by John E. Dannenberg Three recent California court decisions interpreting California’s sentencing laws have spawned a need for the California Department of Corrections and Rehabilitation (CDCR) to recalculate the release dates of an estimated …
California State Prisoner Wins $39,011 for Deprivation of Outdoor Exercise During Extended Lockdowns by Marvin Mentor On November 8, 2007, a federal jury awarded a California state prisoner $39,011 for injuries he suffered due to being placed in retaliatory extended lockdowns that prison officials initiated following assaults on staff by …
Article • June 15, 2008 • from PLN June, 2008
Florida Prison Still Beset by Contaminated Water by David Reutter Despite spending millions of dollars on new wells and water treatment systems, the Martin Correctional Institution (MCI) in Indiantown, Florida is still unable to provide uncontaminated water to its 1,400 prisoners. The problem has the Florida Department of Corrections (FDOC) …
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