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Article • December 15, 2005 • from PLN December, 2005
Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 by Los Angeles County settled two prisoner wrongful death suits for $325,000 that alleged negligent medical care during incarceration at the L.A. County jail. On May 8, 2002, 39 year-old county jail prisoner Crystal Baize was transferred …
Article • December 15, 2005 • from PLN December, 2005
Filed under: Court Access, Judiciary
Supreme Court Justice Clarence Thomas Accepts by Supreme Court Justice Clarence Thomas Accepts Gifts Worth Thousands by Michael Rigby Justice Clarence Thomas is the Supreme Court's poorest member -- he's also its most prolific gift taker. From 1998 through 2003, Thomas accepted $42,200 worth of cash, antiques, clothes and other …
New York Prisoner Assaulted By Guard Awarded $4,200 by On September 8, 2004, a court of claims in Buffalo, New York, awarded $4,200 to a state prisoner who was assaulted by a guard at the Attica Correctional Facility. Juan Matias, a 36-year-old prisoner, claimed that he was assaulted by a …
28 Die in Philippines Jail Uprising by A March 14, 2005, botched escape attempt by an Al-Qaida linked Abu-Sayyaf member at the Camp Begang Diwa (CBD) detention center in Tanguig, Manila started as a two-day takeover of CBD that ended with 28 dead. When the incident began, CBD held 470 …
Article • December 15, 2005 • from PLN December, 2005
Disclosure of Washington State Prisoner Phone RatesDisclosure of Washington State Prisoner Phone Rates Stymied by the Courts by Disclosure of Washington State Prisoner Phone Rates Stymied by the Courts by John E. Dannenberg When recipients of Washington state prisoner-originated long distance phone calls sought to compel disclosure of the telephone …
Colorado DOC's Medical Oversight Found Remiss by G.A. Bowers An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors. In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the CDOC …
Article • December 15, 2005 • from PLN December, 2005
$820,000 Damages Upheld Against NY Jailer Who by $820,000 Damages Upheld Against NY Jailer Who Housed Informant with Defendant by John E. Dannenberg The Second Circuit U.S. Court of Appeals upheld $820,000 in damages for injuries suffered by an informant who was severely beaten by the defendant he had testified …
Remedial Plan And $427,158 Attorney Fees In Wyoming Failure to Protect Suit by John E Dannenberg by John E. Dannenberg The Wyoming Department of Corrections (WDOC) settled an Eighth Amendment-based class action complaint brought by prisoner Brad Skinner for WDOC's failure to protect prisoners from assault by other prisoners. The …
Article • December 15, 2005 • from PLN December, 2005
$200,000 Failure-To-Medicate Award Granted to California by Jail Detainee Who Lost Testicle by John E. Dannenberg On July 18, 2005, a Solano County, California jail pre-trial detainee, whose infected testicle was not promptly treated, won a $200,000 damage award in Solano County Superior Court after suffering necrosis and subsequent amputation …
Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
PLN Sues The Geo Group for Public Records by On Dec. 2, 2005, Prison Legal News filed a civil suit against The Geo Group, Inc. (formerly Wackenhut Corrections) in the Circuit Court for Palm Beach, Florida, demanding access to public records held by the company. The Geo Group is a …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
Ban on Separatist Religious Publication by Ban on Separatist Religious Publication Reversed by Eighth Circuit The Eighth Circuit Court of Appeals reversed a lower court's grant of summary judgment to prison officials related to the refusal to deliver a religious publication they deemed to be racially inflammatory Missouri Department of …
Article • December 15, 2005 • from PLN December, 2005
Louisiana Prisoners Obscenity Conviction for Masturbation Vacated by The Louisiana Court of Appeals vacated a prisoner's obscenity conviction and sentence for masturbating in a public shower, within view of a female guard. Louisiana prisoner, Bobby Holmes, was charged with two counts of obscenity in violation of La.R.S. 14:106. The first …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Georgia Prison Warden Proper Defendant In § 1983, ADA Suit by by Michael Rigby The U.S. Eleventh Circuit Court of Appeals held that a Georgia prison warden was suable under the Eighth Amendment and Title II of the Americans with Disabilities Act (ADA). Plaintiff Tracy Miller is a wheelchair-bound paraplegic …
Article • December 15, 2005 • from PLN December, 2005
No Qualified Immunity from 57-Day Illegal Confinement by The Eighth Circuit Court of Appeals held that several prison officials were not entitled to qualified immunity for their roles in confining a prisoner 57 days beyond his ordered release. In December, 1977, Daryl Davis was convicted of theft under Missouri law. …
Article • December 15, 2005 • from PLN December, 2005
Court May Infer Deliberate Indifference from Obviousness of Risk by The Seventh Circuit Court of Appeals vacated a district court's grant of summary judgment to prison officials in a prisoner's claim that officials were deliberately indifferent to his safety when they had him strip insulation from a live 480-volt wire …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Washington S.Ct. Upholds Persistent Prison Misbehavior Statute by In a 54 decision, the Washington State Supreme Court upheld a law that makes it a felony for a Washington prisoner to commit a serious prison infraction after losing all potential earned early release credits. The majority concluded that the statute was …
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