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PLRA Limits Prisoner's Attorney Fees Incurred Defending

Article • November 15, 2005 • from PLN November, 2005

Filed under: Appointment of Counsel, PLRA, Attorney Fees (PLRA), Damages, Appeals, Limitations

PLRA Limits Prisoner's Attorney Fees Incurred Defending by PLRA Limits Prisoner's Attorney Fees Incurred Defending Appeal of Successful § 1983 Suit by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals held that after a prisoner wins a 42 U.S.C. § 1983 lawsuit for damages, the Prison Litigation Reform …

Mass Parole Re-Hearings in Tennessee Following AG Opinion

Article • November 15, 2005 • from PLN November, 2005

Filed under: Attorneys General, Sentencing, Parole

Mass Parole Re-Hearings in Tennessee Following AG Opinion by Alex Friedmann With some level of irony, on June 7, 2005 the Tennessee Attorney General's office sent a letter to the state's Board of Probation and Parole, recommending that the Board limit the amount of time between parole hearings and suggesting …

Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case;

Article • November 15, 2005 • from PLN November, 2005

Filed under: Pain, Gastrointestinal, Eyeglasses, Appointment of Counsel, Expert Witnesses, Federal Statutory Law, Federal Tort Claims Act

Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …

U.S. Corrections Corporation Stock Suit

Article • November 15, 2005 • from PLN November, 2005

Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, U.S. Corrections Corp, Contractor Misconduct, Employee Litigation

U.S. Corrections Corporation Stock Suit by U.S. Corrections Corporation Stock Suit Settled for $13.2 Million The former owners of U.S. Correctional Corporation (USCC) have agreed to settle a lawsuit over misuse of the employee stock-ownership plan for $13.2 million. Prior to 1998, when it was purchased by Corrections Corporation of …

News in Brief:

Article • November 15, 2005 • from PLN November, 2005

Filed under: News, News in Brief

News in Brief: by Alabama: On September 7, 2005, Carl Ward, 40, escaped from the Elmore Correctional Facility in Montgomery where he worked outside the prison compound in a warehouse. Using a knife, Ward took an employee's wallet and car keys, restrained him with masking tape and stole his car. …

133 Prisoners Killed in Dominican Republic Prison Fire

Article • November 15, 2005 • from PLN November, 2005

Filed under: Gang Policies, Prison Rebellion, Fire Hazards, Overcrowding, Prisoners-International, Wrongful Death, Accidents

133 Prisoners Killed in Dominican Republic Prison Fire by A fight between rival gangs for control of a Dominican Republic prison resulted in a fire that killed 133 prisoners. Prisoners caused the blaze by setting ablaze their pillows and sheets. Attempts to rescue them were thwarted by a jammed door. …

Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000

Article • November 15, 2005 • from PLN November, 2005

Filed under: Gender Discrimination -- Women, Sexually Explicit Materials, Media, Censorship, Employee Litigation

Fired, Tattooed, Nude-Posing Guard Settles with Maryland DOC for $10,000 by by Matthew T. Clarke Maryland has agreed to pay an ex-guard who appeared nude on a website and in a tattoo magazine $10,000 to get her to drop her wrongful discharge claim after an administrative law judge sided with …

PLN Loses Florida Writer Pay Ban/Censorship

Article • November 15, 2005 • from PLN November, 2005

Filed under: Costs, Royalties, Publications/Books, Mail Regulations, Due Process, Media, PLN Litigation, Prisoner Media

PLN Loses Florida Writer Pay Ban/Censorship by David Reutter Lawsuit: Appeal Pending by David M. Reutter A Florida federal district court has held that PLN has not suffered, and is not currently suffering, a significant First Amendment injury from Florida Department of Corrections (FDOC) rule, policies, or procedures that ban …

Mississippi Juvenile Legal Access Class Action Settled

Article • November 15, 2005 • from PLN November, 2005

Filed under: Attorney Client, Guard Brutality/Beatings, Court Access, Attorney Visits

Mississippi Juvenile Legal Access Class Action Settled by On January 12, 2005, Mississippi settled a class action suit challenging a policy at the Colombia Training School (CTS) which severely limited residents' access to legal counsel. CTS is a co-ed juvenile detention facility in Mississippi. The residents range in age from …

Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity

Article • November 15, 2005 • from PLN November, 2005

Filed under: Financing, Overcrowding, Money/Property, Tax Law

Higher Property Tax Collections Permit 25% Growth Of Los Angeles County Jail Capacity by by John E. Dannenberg A six percent increase in property tax collections due to soaring real estate prices will add an estimated $150 million to Los Angeles County coffers in the coming year. County supervisors have …

Maryland Prisons MisCalculate Half of All Prisoner Release Dates

Article • November 15, 2005 • from PLN November, 2005

Filed under: DOC/BOP misconduct, Prison Labor, Sentencing, Good Time, Wrongful Imprisonment

Maryland Prisons MisCalculate Half of All Prisoner Release Dates by by David M. Reutter Up to one half of all Maryland prisoners early release dates at two prisons were erroneous, concluded a report by the Maryland Office of Legislative Audits. The report declined to identify the two prisons it audited, …

$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit

Article • November 15, 2005 • from PLN November, 2005

Filed under: Attorney Fee Awards, Damages, Sentencing, Wrongful Imprisonment, Supervisory Liability, Municipal Liability

$97,000 in Damages and Fees Awarded in Arkansas Over Detention Suit by The Eighth Circuit Court of Appeals has affirmed a judgment awarding compensatory damages of $50,000 in a civil rights suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court …

New York City Settles Wrongful Imprisonment Suit For $1 Million

Article • November 15, 2005 • from PLN November, 2005

Filed under: Sentencing, Wrongful Conviction

New York City Settles Wrongful Imprisonment Suit For $1 Million by On February 4, 2005, a man convicted of murder and wrongfully imprisoned for five years based on testimony fabricated by prosecutors settled his claim against the City of New York for $1,000,000. Milton Lantigua, 20,was sitting in front of …

New York Employees Families Settle Attica Riot Claims for $12 Million

Article • November 15, 2005 • from PLN November, 2005

Filed under: Prison Rebellion, Failure to Protect (General), Settlements, State Law Claims, Failure to Protect (Wrongful Death), Guards/Staff, Assaults on Staff

New York Employees Families Settle Attica Riot Claims for $12 Million by The State of New York has reached a $12 million settlement with the Forgotten Victims of Attica, a group of surviving state employees and relatives of 11 guards killed during the 1971 uprising at the Attica Correctional Facility. …

New York Prisoner Awarded $195,000 for Hand, Knee Injury

Article • November 15, 2005 • from PLN November, 2005

Filed under: Showers, Shelter, Civil Procedure, Damages, Premises Liability

New York Prisoner Awarded $195,000 for Hand, Knee Injury by On October 6, 2004, a court of claims in White Plains, New York, awarded $195,000 to a state prisoner who fell in the shower, injuring her hand, and knee. While imprisoned at the Taconic Correctional Facility, prisoner Juliann Gibson slipped …

Virginia Federal Court: Over 47 Hours in

Article • November 15, 2005 • from PLN November, 2005

Filed under: Out of State Transfers, Food, Toilets, Restraints, Court Appearances, Civil Procedure, Jury Instructions, New Trial Motions, Qualified Immunity, Supervisory Liability

Virginia Federal Court: Over 47 Hours in by Virginia Federal Court: Over 47 Hours in Five-Point Restraint Unconstitutional by Matthew T. Clarke A federal court in Virginia held that prison officials violated a prisoner's constitutional rights when they strapped his ankles, wrists and chest to a bed for over 67 …

Batchelder v. Geary, Ca, Law Library Access, Order, 2005

Brief • November 15, 2005

Batchelder v. Geary, Ca, Law Library Access, Order, 2005 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 EUGENE BATCHELDER, et al., 13 Plaintiffs, 14 No. C-71-2017 RMW ORDER ON MOTIONS TO …

Hyslop v. Holly, Ok, Jail Rape Case Pretrial, Order, 2005

Brief • November 15, 2005

Hyslop v. Holly, Ok, Jail Rape Case Pretrial, Order, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA SUMMER HYSLOP, Plaintiff, v. MELVIN HOLLY an individual and as Sheriff of Latimer County and THE BOARD OF COUNTY COMMISSIONERS OF LATIMER COUNTY a political subdivision of the …

Pounds v Doc Wa Stip Mot and Order of Dism Public Disclosure Act 2005

Brief • November 15, 2005

Pounds v Doc Wa Stip Mot and Order of Dism Public Disclosure Act 2005 , -' D EXPEDITE 2 3 4 5 F r(~-E 0-1 D Hearing is Set Date: Time: The Honorable Richard A. Strophy r-.. ----< ..... I '~'- .'. -~,,- NOV 1 5 2005 -~--~.~ -~ '-'1 …

Bennett v Correctional Medical Services Nj Protective Order 2005

Brief • November 15, 2005

Bennett v Correctional Medical Services Nj Protective Order 2005 Case 1:02-cv-04993-NLH-AMD Document 84 Filed 11/15/2005 Page 1 of 9 Case 1:02-cv-04993-NLH-AMD Document 84 Filed 11/15/2005 Page 2 of 9 Case 1:02-cv-04993-NLH-AMD Document 84 Filed 11/15/2005 Page 3 of 9 Case 1:02-cv-04993-NLH-AMD Document 84 Filed 11/15/2005 Page 4 of 9 Case …