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$1 Million L.A. County Jail Rape Award Overturned by by Marvin Mentor The California Court of Appeal, in an unpublished opinion, reversed a Los Angeles (L.A.) County jury verdict that had awarded $1 million in damages to a jail detainee who was brutally beaten and raped in his L. A. …
Article • August 15, 2005 • from PLN August, 2005
Former Wackenhut Guard Awarded $600,000 For Wrongful Termination by A federal jury in Fresno, California, has awarded $600,000 to a former guard at the Taft Correctional.Institution (TCI) for wrongful termination. TCI is a private prison operated by the Geo Group, formerly Wackenhut Corrections Corporation [see PLN, June 2004, p.16]. TCI …
Article • August 15, 2005 • from PLN August, 2005
Tennessee Public Records Act Requires Delivery Of Records To Prisoners by The Tennessee Court of Appeals has held that the state's Public Records Act requires a District Attorney General not only to make public records available, but to copy and deliver records requested by prisoners. Jaxie Raymond Jones, a Tennessee …
Court Holds Temperatures on Florida's Death Row Constitutional; Class Action Exhaustion Explained by David Reutter By David M. Reutter The Eleventh Circuit Court of Appeals affirmed a Florida District Court's order denying that prisoners' cell temperatures on Florida's death row constitute cruel and unusual punishment. This civil rights action was …
Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee by Mere Pendency of Proceedings Deprives Court of Jurisdiction in Jail Collect Call Case; Attorney Fee Awarded Reversed, Injunction Upheld The Sixth Circuit Court of Appeals has reversed an award of attorney's fees, holding the …
Article • August 15, 2005 • from PLN August, 2005
Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution by David Reutter Florida's Law Libraries Provide Adequate Access to Courts Under State's Constitution By David M. Reutter Florida's First District Court of Appeal has held that Article I, § 21 of the Florida constitution requires the Florida Department …
Article • August 15, 2005 • from PLN August, 2005
Filed under: News, News in Brief
News in Brief by News in Brief: Alabama: On February 2, 2005, Jimmy Toliver, 40, was arrested on criminal trespassing charges after attempting to break into the Bullock County jail in Union Springs. Toliver had crawled under the jail's security fence and was found hiding behind an air conditioning unit …
Ninth Circuit: Kicking Shackled Prisoner In Genitals Is Cruel And Unusual Punishment by When California Pelican Bay State Prison (PBSP) prisoner Christopher Watts filed a 42 U.S.C. § 1983 action against guards J. McKinney and S.J. Steinberg for kicking Watts in the genitals after an unsuccessful interrogation regarding PBSP guards …
California Prison Guard Gets Time For Setting Up Prisoner Beating by On February 17, 2005, a former guard at Salinas Valley State Prison (SVSP), who set up a gang -initiated attack on a prisoner, was sentenced in Monterey Superior Court to two years and eight months in state prison. On …
Washington DOC Settles Contempt Action For $500,000; Money To Fund Patient Advocate by Michael Rigby The Washington Department of Corrections has agreed to pay $500,000 to settle a contempt action stemming from alleged violations of a consent decree governing medical care at the Washington Corrections Center for Women (WCCW). Pending …
Article • August 15, 2005 • from PLN August, 2005
Los Angeles County Settles Parolee's Overdetention Suit For $80,000 by Los Angeles County paid $80,000 to settle a California parolee's overdetention suit that alleged failure to process release information for one week. On June 4, 2001, William Green was arrested by his parole agent on a violation for failing to …
Alabama Workers' Comp Act No Bar to Psychological Torts by The Alabama Court of Appeals held that Alabama's Workers' Compensation Act is not an exclusive remedy for tort claims of employees alleging purely psychological injuries. Three female employees of Correctional Medical Services, Inc. (CMS) brought suit against CMS employees of …
Article • August 15, 2005 • from PLN August, 2005
U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by U.S. Supreme Court: State Prisoners May Challenge Unconstitutional Parole Procedures Under § 1983 If Earlier Release Doesn't Necessarily Follow by John E. Dannenberg The U.S. Supreme Court held that state …
Article • August 15, 2005 • from PLN August, 2005
Prisoners of Love: Good Advice for Those Separated By Walls But United by Love by by Matthew T. Clarke If you want to know the mechanics of how a Texas prison is run, you should read Behind the Walls by George Antonio Renauld [PLN Aug. 2003, p. 29]. It gives …
Maricopa County, Arizona, Settles Wrongful Imprisonment Suit For $1.4 Million by On April 6, 2005, a man falsely imprisoned for a decade on Arizona's death row settled with Maricopa County for $1.4 million. Ray Krone, once dubbed the snaggletooth" killer, was sentenced to death in 1992 based on testimony that …
Article • August 15, 2005 • from PLN August, 2005
RLUIPA Upheld by U.S. Supreme Court by by John E. Dannenberg A unanimous United States Supreme Court held that § 3 of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §2000cc-1(a) (1-2), which proscribes the government from imposing a substantial burden on the religious exercise …
Article • August 15, 2005 • from PLN August, 2005
Jury Trial in Prison Violates Oregon Constitution by The Oregon Supreme Court held that conducting a prisoner's jury trial within a prison violates the impartial jury guarantee of the Oregon Constitution. Gary Cavan, a prisoner at the Snake River Correctional Institution (SRCI) was charged with several crimes stemming from his …
Article • August 15, 2005 • from PLN August, 2005
Filed under: International, Immigration
Supreme Court Decision Orders Release of 920 Mariel Cubans; ICE: Dumps them In the Streets Without Aid by Mark Wilson Supreme Court Decision Orders Release of 920 Mariel Cubans; ICE: Dumps them In the Streets Without Aid By Mark Wilson In a 7-to-2 decision, the United States Supreme Court expanded …
Besmirched California Prison Doctors Sue To Block Higher Qualification Standards by By John E. Dannenberg California Department of Corrections (CDC) doctors, who have been much maligned in recent scathing federal court reports depicting “horrible” medical care conditions in California’s prisons, made a defensive move on April 29, 2005 by having …
Article • August 15, 2005 • from PLN August, 2005
California’s Sex-Offender Internet Site Gets 14 Million Hits In First Four Days by California’s new public internet data-base listing 63,000 of 85,000 convicted sex-offenders was put on line December 15, 2004. By that evening, it was too crowded to navigate, receiving 14 million hits in the first four days. This …
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