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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 …
Article • April 15, 2006 • from PLN April, 2006
Alabama Work Release Prisoners Reclassified Following Escapes by In late September 2005, 275 minimum-security Alabama prisoners were moved from work camps to maximum-security prisons pursuant to an order by Governor Bob Riley. The prisoners had done nothing wrong. The move was purely reactionary following the escape of 3 prisoners in …
Seventh Circuit Reverses Jail Lockdown Dismissal; Day After Christmas = Legal Holiday by The Seventh Circuit Court of Appeals reversed a district courts dismissal of a conditions of confinement suit for failure to state a claim. Female pretrial detainees of the Cook County Jail in Chicago, Illinois, sued the jail …
Article • April 15, 2006 • from PLN April, 2006
Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary by Missouri's 5-Year Limitation Period Applies to § 1983 Claims; 8th Circuit Reverses Earlier Decision to Contrary The Eighth Circuit Court of Appeals held that it previously erred in applying a three-year statute of …
$1,250 Settlement in Oregon Retaliation, Court Access Claims by A federal court in Oregon denied prison officials qualified immunity on a prisoners freedom of association, access to courts and retaliation claims. The association and retaliation claims were later settled for $1,250 and a transfer to another prison. On December 21, …
Article • April 15, 2006 • from PLN April, 2006
Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsi by Washington Appeals Court Reverses the Dismissal of a Slip-and-Fall Negligence Action; State Responsible for Negligence of Prisoner Laborers In an unpublished opinion, the Washington Court of Appeals held that a trial court erred in dismissing a …
Article • April 15, 2006 • from PLN April, 2006
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
Article • April 15, 2006 • from PLN April, 2006
Filed under: News, News in Brief
News in Brief by News in Brief: Arizona: On March 22, 2006, David Leyva, 24, a guard at the Pima county jail was arrested on charges that he conspired to possess an unidentified narcotic drug. Arkansas: On March 21, 2006, a brawl involving 12 prisoners that started over a bag …
Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by Prisoner Suit Alleging Sexual Assault By Colorado Sheriffs Staff Reinstated by John E. Dannenberg Reversing the U.S. District Court (D. Colo.), the Tenth Circuit U.S. Court of Appeals held that a review of the record showed that female prisoners …
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