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Article • April 15, 2006 • from PLN April, 2006
Georgia Legislature Awards Wrongly Convicted Man $1 Million by In its 2005 session, the Georgia Legislature awarded Clarence Harrison $1 million for loss of liberty, personal injury, lost wages, injury to reputation, emotional distress, and other damages as a result of his nearly 18 years of incarceration and expenses and …
Article • April 15, 2006 • from PLN April, 2006
Minnesota County Settles Suit over Untreated Appendicitis for $225,000 by On August 25, 2005, the U.S. District Court for the District of Minnesota approved a $225,000 settlement to a Minnesota prisoner whose appendicitis went untreated at the Douglas County Jail. Jeremiah Bratsch, 21, suffered stabbing pains in his lower right …
Dismissal of Medical and Retaliation Claims Reversed by Bob Williams The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The …
State Auditor Blasts Colorado DOC's Private Prison Oversight Failures by Matthew T. Clarke by Matthew T. Clarke In June 2005, the Colorado State Auditor released its April 2005 report of the performance audit of private prisons contracted by the Colorado Department of Corrections. The report strongly criticized the private prisons …
Article • April 15, 2006 • from PLN April, 2006
California DOC Settles Racially Determinative Housing Suit by John Dannenberg by John E. Dannenberg Upon remand from the U.S. Supreme Court (Johnson v. California, 125 S.Ct. 1141 (2005)), the California Department of Corrections and Rehabilitation (CDCR) entered into a settlement agreement with plaintiff prisoner Garrison Johnson wherein CDCR agreed to …
Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David Reutter Michigan Jails Strip Policy Unconstitutional; Guards and Get Qualified Immunity, County Liable by David M. Reutter A Michigan federal district court has held that the practice of removing the clothing of unruly pretrial detainees and …
NYDOCS Abandons ADA DOJ Exhaustion Defense by Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies. Several of New York State Department of Correctional Services (DOCS) prisoners brought …
Exhaustion Not Required in Pennsylvania Parole Denial Challenges by The Third Circuit Court Of Appeals held that a Pennsylvania state prisoner challenging the denial of parole need not file a petition for a writ of mandamus in order to satisfy the dictates of exhaustion before seeking federal habeas review. Pennsylvania …
Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison Litigation Reform Acts (PLRA) emotional injury bar on compensatory damages of 42 USC § 1997e(e) applies to First Amendment cases. The court …
Article • April 15, 2006 • from PLN April, 2006
New York Prisoner Awarded $2,250 For Wrong Medication by On February 22, 2005, a court of claims in Rochester, New York, awarded $2,250 to a state prisoner who was given the wrong medication for nearly two years while imprisoned at the Collins Correctional Facility. On October 14, 1999, prisoner Nathan …
Repercussions from Georgia Courthouse Escape, Shootings Continue by Inadequate security, which had existed for years at Georgia's Fulton County Courthouse, as well as lapses by Sheriff's deputies, are being blamed for the deadly March 11, 2005 escape of Brian Nichols. PLN has previously reported on the many problems afflicting the …
Article • April 15, 2006 • from PLN April, 2006
L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Mai by L.A. County Jail Gets $20,000 from State for Pruno-Sniffing Dogs; Inmate Welfare Funds Tapped to Maintain Program On September 30, 2005, the Los Angeles (L.A.) County Board of Supervisors approved a Sheriffs funding …
$1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guar by $1.1 Million FTCA Emotional Distress Award In BOP Suicide Death Upheld, Even Though Murder By Guards Suspected by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals upheld a $1.1 million award …
Alabama Diabetic Prisoner Stomped On and Retaliated Against by Guard Awarded $20,000 by John Dannenberg by John E. Dannenberg A diabetic Alabama prisoner lying on the floor of his cell due to suffering from his diabetes condition had his leg stomped on by a guard. When the prisoner grieved the …
Article • April 15, 2006 • from PLN April, 2006
Ohio Man Awarded $618,000 for Nearly 16 Years Wrongful Imprisonment by On August 15, 2005, the Ohio Court of Claims awarded $618,683.33 to a man who spent nearly 16 years in prison for a rape he did not commit. Donte L. Booker was arrested for a carjacking outside a Beachwood, …
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o by PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger of Serious Physical Injury In a case of first impression, the Eleventh Circuit Court of Appeals held that …
Article • April 15, 2006 • from PLN April, 2006
Phoenix, Arizona, Settles Krone Wrongful Imprisonment Suit for $3 Million by The city of Phoenix, Arizona, will pay $3 million to settle a lawsuit brought by a man who spent more than a decade in prison for a murder he did not commit. The settlement, approved by the city council …
Article • April 15, 2006 • from PLN April, 2006
Severely Beaten L.A. County Jail Prisoner Wins Only $5,000 by A Los Angeles (L.A.) County, California jail prisoner who was severely beaten by three other prisoners on three occasions sued for deliberate indifference in failing to protect him. On August 3, 2005, after a five day trial and seven hours …
Article • April 15, 2006 • from PLN April, 2006
Californias 2005 Prison Suicide Rate Doubles Over 2004 by John Dannenberg Californias 2005 Prison Suicide Rate Doubles Over 2004 by John E. Dannenberg By the time 2005 ended, 44 California state prisoners had committed suicide. A significant increase over the 26 suicides that occurred in 2004. The California Department of …
Article • April 15, 2006 • from PLN April, 2006
Utah Jail Policy Banning Subscriptions to Magazines and Newspapers Enjoined; Fees Awarded by John Dannenberg by John E. Dannenberg On June 2, 2004, the United States District Court (D. Utah) ruled that the Salt Lake County Jails (SLCJ) policy prohibiting prisoners receipt of any magazine or newspaper was unconstitutional. Brian …
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