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Article • December 15, 2007
$5,000 Awarded To Canadian Prisoner Exposed To Second Hand Smoke by In 2005, a Toronto prisoner was awarded $5,000 by a Canadian federal judge who ruled Correctional Services of Canada (GSC) failed to provide Vlado Maljkovich with the legally mandated healthy environment while in the Fenbrook Correctional Institute in Gravenhurst. …
Article • December 15, 2007 • from PLN December, 2007
European Court of Human Rights Awards Russian Prisoner $20,060 For Overcrowding by Matthew Clarke by Matt Clarke On March 29, 2007, the European Court of Human Rights in Strasbourg, France, awarded a Russian prisoner 15,000 Euros ($20,060) in damages for incarcerating him in extremely overcrowded conditions. On November 26, 2001, …
National Conference for Prison Book Projects Held in Urbana-Champaign by Brian Dolinar On November 3, 2007, a conference in Urbana-Champaign, Illinois brought together 88 participants from 29 different prison book projects across the country. A similar event of this kind has not taken place since a 2002 conference in Philadelphia. …
Article • December 15, 2007
Massachusetts’ Corrections Commissioner Has Duty to Comply with Court’s Transfer Order by Massachusetts' Corrections Commissioner Has Duty to Comply with Court's Transfer Order The First Circuit Court of Appeals has held that a district court has authority to order a Corrections Commissioner to transfer prisoners to create constitutional conditions. That …
Article • December 15, 2007
State Secrets Privilege Protects U.S. in. Erroneous Rendition Suit by Matthew Clarke By Matthew T. Clarke 0n May 12, 2006, a federal district court in Virginia ruled that a German citizen who allegedly was mistaken for a terrorist, kidnapped, flown to a foreign country, isolated and tortured by CIA personnel …
Willful and Malicious Act Required for Minnesota fficial Immunity Precludes Summary Judgment by Minnesota state prisoner Brooks Fisher was assaulted during his imprisonment between 1998 and 2003. He sued the State of Minnesota and the Minnesota Department of Corrections plus several employees under § 1983 and the state constitution for …
Article • December 15, 2007
Op-Ed: TYC Facilities Need Independent Oversight by Michele Deitch Op-Ed: TYC Facilities Need Independent Oversight? Michele Deitch?3-22-07 The scandal engulfing the Texas Youth Commission has thus far provoked governmental responses that involve temporary investigative measures. We have heard calls for the appointment of a conservator, a new TYC board, a …
Sovereign Immunity Not Waived by Federal Extradition Act by The Eighth Circuit Court of Appeals has held that the Federal Extradition Act does not waive a state's sovereign immunity. This action was filed by St. Charles County, Missouri (County), seeking $5,421.86 from the State of Wisconsin for costs incurred for …
Article • December 15, 2007
$4.9 Million Settlement in Louisiana Jail Prisoner-On-Prisoner Beating by The City of Shreveport, Louisiana settled with the family of a prisoner that was severely beaten by another prisoner in the City's jail. The $4.9 million settlement is for damages incurred by Carl Edwin Janski in March 2002. Janski had several …
Months of Cold-Wet Conditions States Inadequate Shelter Claim by The Sixth Circuit Court of Appeals has held that a Michigan prisoner offered sufficient evidence to support his Eighth Amendment inadequate shelter claim. The Court's decision came in the appeal of William Spencer, who brought claims relating to his pre-trial detention …
Article • December 15, 2007
Alabama Prisoners Must Be Afforded Access To The Courts by The Alabama Court of Civil Appeals ruled a lower court abused its discretion when it dismissed a prisoner's civil action for failure to prosecute, despite pending motions moving for three alternatives for the prisoner to access the court. Alabama state …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
$57,700 Verdict for Attack on Sleeping NY Jail Prisoner by The New York Supreme Court upheld a $57,700 verdict for a 31-year-old Jail prisoner who was attacked as he slept. Mr. Morales was a New York prisoner when he was assaulted while he slept. He suffered "a fractured zygoma, requiring …
Article • December 15, 2007
Attack by Fellow Prisoner Nets South Carolina Prisoner $30,000 by A South Carolina Court awarded a prisoner $30,000 for injuries he suffered when attacked by another prisoner at the Greenville County Jail. Mr. Edwards was a prisoner at the Greenville County Jail when he was attacked by another prisoner. He …
State Law Claims in Federal Suits Must Be Exhausted by Use of force is a prison condition for purposes of PLRA; the unavailability of damages does not excuse exhaustion (citing prior circuit authority for both propositions) This court uses the 18 U.S.C. § 3626(g)(2) definition of "conditions of confinement" as …
Jail Policy of Cross Gender Guard Doesn’t Establish Liability in Guard Rape by The plaintiff alleged that a male guard had engaged in sex with her, taking advantage of her mental and physical state. The officer was fired and entered an Alford plea to criminal charges. A policy of "cross-gender …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
Article • December 15, 2007
Female Montana Prisoner Attacked by Male Prisoner Paid $30,000 by A female Montana prisoner who was attacked by a male prisoner during a prison altercation was paid $30,000. Ms. Perez, a female Montana prisoner, was attacked by a male prisoner during a prison altercation. She suffered facial contusions and emotional …
Escape From TransCor Van Not a Crime in Montana by On January 11, 2006, a Montana state district court set aside two prisoners, convictions for escape and acquitted them after holding that no evidence had been presented that they were in the custody of a peace officer, a requirement for …
Article • December 15, 2007
Secret Settlement in Illinois Cell Fire Suit by On March 19, 1996, Illinois' Joliet Correctional Center prisoner Cutues White piled all his personal possessions in the front of his cell, and lit them on fire. The prison was undergoing a renovation project, which included removal of smoke exhaust fans and …
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