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Brief • March 20, 2006
Oakley v Tdcj Tx Settlement 2006 CAUSE NO. 927()I-D BARBARA OAKLEY, AS GUARDIAN OF § THE ESTATE ANI> PERSON OF § RICHARD J>ANZIGER, § Plaintiff, § v. TEXAS DEJ'ARTMENT OF CRIMINAL JUSTICE, TIMOTHY CROWDER, LESLIE WAGES, RICHARD THOMAS CARL CARPENTER, R.E. SMITH, MICHAEL MOORE, R.D. MCLEOD, WAYNE SCOTT, MJCHAEL COUNTZ, …
Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Federal Court Seizes California Prisons' Medical Care; Appoints Receiver With Unprecedented Powers by Marvin Mentor The California Department of Corrections and Rehabilitation (CDCR) is forcefully having its failed healthcare system both corrected and rehabilitated. Despite court-ordered healthcare …
Article • March 15, 2006 • from PLN March, 2006
Ten Deaths At San Quentin from Macabre" Healthcare by Ten Deaths At San Quentin from Macabre" Healthcare by Marvin Mentor San Quentin State Prison (SQ), a scant 25 miles from the San Francisco courtroom of Plata v. Schwarzenegger Judge Thelton E. Henderson, was high on the court's agenda for improved …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Medical, Respiratory
California Prison Doctor Suspended Following Three Prisoner Deaths by by Marvin Mentor A San Quentin State Prison physician, Dr. Garen Vong, whose alleged negligence contributed to the deaths of three prisoner patients since 2002, was suspended with pay ($11,381 per month) on February 3, 2005 pending investigation. The three preventable" …
Article • March 15, 2006 • from PLN March, 2006
From the Editor by by Paul Wright Sometimes I am asked what PLN does, besides publish a magazine. The answer is quite a lot and we are going to try to do a better job of letting people know about it. In addition to publishing PLN we also have a …
Los Angeles County Pays $900,000 to Parents of Murdered Informant in Jail by The County of Los Angeles (L.A.) agreed to pay $700,000 to the mother, and $200,000 to the father, of a 20 year old county jail prisoner murdered in his cell by a free-roaming prisoner against whom he …
Article • March 15, 2006 • from PLN March, 2006
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from …
Article • March 15, 2006 • from PLN March, 2006
Dallas Fake Drug Cases Settle For Millions, Jury Awards Damages by by Michael Rigby In 2001, police officers in Dallas, Texas, made 33 arrests in what has since become known as the fake drug scandal." The victims were all charged with possessing cocaine, based on supposedly positive field tests of …
Wisconsin Prison Employee Raped By Prisoner Awarded $366,000 by On April 8, 2005, a federal jury awarded $366,000 to a Wisconsin prison employee who was raped by a prisoner. The 51-year-old female plaintiff, a non-security employee of the Wisconsin Department of Corrections was raped by a knife-wielding prisoner on December …
Supreme Court: Prisoners' ADA Right to Sue for Damages Trumps State's Sovereign Immunity by by John E. Dannenberg The United States Supreme Court unanimously ruled that the private cause of action created by the Americans With Disabilities Act (ADA) (42 U.S.C. § 12131 et seq.), which permits disabled state prisoners …
Article • March 15, 2006 • from PLN March, 2006
New York City Pays $75,000 for 28.5 Days False Imprisonment by On September 8, 2005, the City of New York, New York, settled for $75,000 a prisoner's lawsuit alleging 28.5 days false imprisonment. Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in …
Michigan Jail's Disproportionate Treatment of Women Results in $855,000 Settlement Agreement by A Michigan federal district court has approved a settlement awarding $855,000 in a class action alleging the conditions of confinement for women at the Livingston County Jail were disproportionate to that of men held at the jail. The …
Article • March 15, 2006 • from PLN March, 2006
Texas Prisoners Again Have Limited Right to Appear in Civil Cases by by Matthew T. Clarke In a well-reasoned opinion with copious citations, a Texas court of appeals held that Texas prisoners have a limited right to appear in civil cases even if they cannot justify a personal appearance. C.J., …
Article • March 15, 2006 • from PLN March, 2006
Texas Legislature Requires HIV Testing for Prisoners by Gary Hunter Texas prisoners must now be tested for HIV before they are allowed to leave prison. Rep. Yvonne Davis, D-Dallas, authored House Bill 43 which was signed on June 19, 2005, by Gov. Pick Perry, and went into effect on September …
New York City Jail Strip Search Suit Settles For $30 Million by by John E. Dannenberg On April 27, 2005, the City of New York agreed to settle a federal court class action 42 U.S.C. § 1983 civil rights suit with 57,634 past misdemeanant prisoners at its city jails, paying …
Article • March 15, 2006 • from PLN March, 2006
Florida Awards $2 Million to Wrongfully Convicted Man by At its special session in December 2005, the Florida Legislature passed a bill to pay 44-year-old Wilton Dedge $2 million as compensation for a rape he did not commit. Dedge spent 22 years in Florida prisons for the sexual assault and …
Article • March 15, 2006 • from PLN March, 2006
Sixth Circuit PLRA Fee Set at $169.50 Not $135 by The Sixth Circuit Court of Appeals joined the Ninth Circuit in holding that the maximum allowable attorney fees under the [Prison Litigation Reform Act (PLRA)] should be based on the amounts authorized by the Judicial Conference, not the amount actually …
Article • March 15, 2006 • from PLN March, 2006
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
Article • March 15, 2006 • from PLN March, 2006
Washington Settles Prisoners Medical Indifference Suit for $370,000 by Washington Settles Prisoners Medical Indifference Suit for $370,000 by Michael Rigby In October 2005, the State of Washington settled for $370,000 a prisoners federal lawsuit in which he alleged that indifferent medical treatment proximately resulted in a stroke that left him …
Article • March 15, 2006 • from PLN March, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Alabama: On March 2, 2005, Ellis Hudson, 40, was arrested on trespassing charges for breaking into the Bullock County jail in Union Springs. Hudson was apparently trying to smuggle tobacco to jail prisoners, which is banned. Arizona: On March 8, 2006, an unidentified …
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