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U.S. Supreme Court: Michigan Appellate Attorneys Have by U.S. Supreme Court: Michigan Appellate Attorneys Have No Third Party Standing To Sue For Rights Of Future Unrepresented Prisoners by John E. Dannenberg The U.S. Supreme Court, sidestepping the important question of the constitutionality of a Michigan state law that prohibited appointment …
New Hampshire Prisoner's Due Process Suit Nets $54,000 in Fees and Damages by A New Hampshire federal district court has awarded a prisoner $20,503 in nominal and punitive damages in a civil rights action alleging Fourteenth Amendment violations. The Court further awarded $31,000 in attorney's fees and $3,900 in costs …
Texas Attorney General Clarifies Confiscation Law Governing Prisoner Art Sales by Michael Rigby Texas prisoners can sell artwork over the internet and retain the proceeds as long as the value is not increased because of their notoriety, an opinion by Attorney General Greg Abbott has confirmed. The Attorney General's January …
Article • August 15, 2005 • from PLN August, 2005
$800,000 Awarded to Wrongly Convicted Tennessee Man by After maintaining his innocence for 22 years, Clark McMillan was released from prison after DNA evidence cleared him of raping a 16 year-old in 1980. McMillan was released from a Tennessee prison in 2002 after DNA testing revealed a former Memphis resident …
Article • August 15, 2005 • from PLN August, 2005
National Prison Reform Commission Started by Margo Schlanger Chaired by former Attorney General Nicholas Katzenbach and former U.S. Circuit Judge John Gibbons, the Commission on Safety and Abuse in America's Prisons opened shop in March, 2005 and has held two of four scheduled public hearings -- the first in April …
Michigan Guard Who Procured Hit On Prisoner Must Pay $200,000 Damages by by Marvin Mentor A Michigan federal jury returned verdicts of $75,000 in compensatory damages and $125,000 in punitive damages against a Michigan state prison guard who paid one prisoner six cigarettes to viciously pummel another. Michigan prisoner Barton …
PREA Data Collection Efforts Underway by Michael Rigby Efforts to implement the data collection requirements of the Prison Rape Elimination Act (PREA) have begun, according to a Bureau of Justice Statistics (BJS) report. Signed into law by President George W. Bush on September 4, 2003, the Prison Rape Elimination Act …
Another CCA Prison in Oklahoma, Another Riot by by Matthew T. Clarke On March 22, 2005, a riot at a private prison run by Corrections Corporation of America (CCA) near Cushing, Oklahoma resulted in the death of one prisoner and injuries to fifteen others, one of them critically. No guards …
Fifth Circuit Upholds $5,000 Excessive Force Verdict Against Wackenhut Guard by In an unpublished opinion, the Fifth Circuit Court of Appeals upheld a jury verdict finding that a prison guard used excessive force against a prisoner and awarding $5,000 in damages. Mississippi prisoner Thomas Unger sued Wackenhut (now Geo Corporation), …
Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Up by Army Prison Ban On PLN Containing Postage-Stamp-Exchange Ad Is Enjoined, But Ban On Internet Mail Upheld by John E. Dannenberg The U.S. District Court (D. KS) enjoined Ft. Leavenworth prison officials from banning …
Brain Dead California Prisoner Guarded Around The Clock by A California parole violator, who was declared brain dead from being shot in the head by a guard at 6,100 bed Wasco State Prison during a lounge-area fight, was guarded at a nearby Bakersfield hospital at a cost of $1,056/day in …
California Prison Employee Paid $500,000 To Settle Whistleblower Retaliation Suit by The California Department of Cor¬rections (CDC) settled an employee whistleblower retaliation suit for $500,000 in October, 2004. CDC admitted it had additionally spent $300,000 in legal fees fighting the claim. Richard Krupp, formerly the chief of CDC’s Personnel Automation …
Article • August 15, 2005 • from PLN August, 2005
Supreme Court Finds Ohio Supermax Placement Policy Constitutional by Bob Williams By Bob Williams The United States Supreme Court has found prisoners possess a liberty interest in avoiding supermax placement but ruled Ohio’s new classification policy for placing and retaining prisoners in the state’s supermax is constitutional as written. Relief …
Article • August 15, 2005 • from PLN August, 2005
Report: Federal Prison Guards Sexually Abuse Prisoners With Near Impunity by Michael Rigby By Michael Rigby Federal prison guards and other employees who have sex with prisoners are rarely prosecuted, and when convictions do result the punishment is often trivial, according to a report by the Justice Department’s Office of …
Article • August 15, 2005 • from PLN August, 2005
Filed under: Organizing, Voting
$15,000 Settlement In Hawaii Voting Rights Suit by By John E. Dannenberg Dwayne Yoshina, Chief Election Officer of the Hawaii Office of Elections and Genevieve Wong, Honolulu City Clerk agreed to pay $15,000 in damages for disenfranchising 44 prisoners at the Oahu Community Correctional Center (OCCC) by their failure to …
Article • August 15, 2005 • from PLN August, 2005
Wackenhut Settles Suit Over Premature Birth for $98,000 by On August 12, 2004, Wackenhut Corrections Corporation, now known as GEO Group, Inc., settled a suit alleging that inadequate medical care at a 640-bed Wackenhut-run jail caused a prisoner to give birth prematurely. Melissa Villarreal, 32, a former prisoner at the …
Article • August 15, 2005 • from PLN August, 2005
42 Alabama AIDS Prison Deaths In Five Years Spurs Major Medical Suit Settlement by John Dannenberg By John E. Dannenberg The Alabama Department of Corrections (ADOC) settled a class action federal civil rights lawsuit brought by Limestone Correctional Facility AIDS-afflicted prisoners who had complained of unconstitutional conditions of medical treatment …
Louisiana Prison Writer Free After 44 Years by Michael Rigby Award-winning prison journalist and civil rights figure Wilbert Rideau, once described as “the most rehabilitated prisoner in America,” is free after spending more than four decades behind bars. Ironically, Rideau’s freedom came not from being exonerated, but from being found …
Article • August 15, 2005 • from PLN August, 2005
Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native by Massachusetts Law, Not PLRA, Applies to Attorneys Fee Award in State Court § 1983 Action for Native American Rights A Massachusetts Superior Court has held that the determination of an appropriate attorney's …
Article • August 15, 2005 • from PLN August, 2005
California Guard Wins $10 Million Default Judgment Against Assaultive Prisoners by A guard at California State Prison Los Angeles (CSP-LA) in Lancaster, who was allegedly injured by two prisoners, was awarded a $10,253,792.57 default judgment against them in Los Angeles Superior Court on March 17, 2005. Guard Demont Blunt, 25, …
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