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News in Brief

Article • June 15, 2005 • from PLN June, 2005

Filed under: News, News in Brief

News in Brief by Paul Wright News in Brief: Arkansas: In April, 2005, an unidentified sergeant was fired by the state DOC after the February, 2005, death of Wrightsville Unit prisoner Victor Wright, 28, while on a work detail. Wright complained to the sergeant that he was not feeling well …

Washington DOC Fined $22,503 For Fuel Spill

Article • June 15, 2005 • from PLN June, 2005

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Toxic Fumes/Chemicals, Environmental Law

Washington DOC Fined $22,503 For Fuel Spill by The Washington Department of Corrections (WDOC) has been fined $22,503 for polluting the environment with thousands of gallons of diesel fuel, the Tacoma News Tribune reported on September 3, 2004. In October 2002, 6,100 gallons of diesel fuel were spilled at the …

Court Discusses Deliberative Process Privilege

Article • June 15, 2005 • from PLN June, 2005

Filed under: Medical Records, Disclosure of Records, Discovery, Mental Health, Suicides

Court Discusses Deliberative Process Privilege by In two separate rulings, a southern district of New York federal district court has expounded upon the deliberative process privilege, which is a sub-species" of the work product doctrine. This action was filed by the Administration of the Estate of Ralph Joseph Tortorici, who …

Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit

Article • June 15, 2005 • from PLN June, 2005

Filed under: Retaliation, Retaliation for Media Contact, Appointment of Counsel, Prisoner Property, Access to Media

Fifth Circuit Reinstates Texas Prisoner's Property Confiscation/Retaliation Suit by by Matthew T. Clarke The Fifth Circuit court of appeals issued an opinion vacating the district court's dismissal of a prisoner's suit alleging prison officials confiscated his property in retaliation for his criticism of the prison. Billy Fredrick Allen, a Texas …

Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier

Article • June 15, 2005 • from PLN June, 2005

Filed under: Appendicitis, Civil Procedure, Summary Judgment, Complaints, Expert Witnesses

Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier by Sixth Circuit Clarifies "Verifying Medical Evidence" Requirement Of Napier The U.S. Sixth Circuit Court of Appeals has held that when a prisoner's medical malady is so obviously serious that even a layman would easily recognize the need for medical attention, …

Guant&#225;namo: What the World Should Know

Article • June 15, 2005 • from PLN June, 2005

Filed under: International, International Law

Guant&amp;#225;namo: What the World Should Know by Jules Siegel Guantánamo: What the World Should Know By Michael Ratner and Ellen Ray Chelsea Green Publishing Company, 184 pages Review by Jules Siegel We have by now all seen much of this material before, but reading it all in one piece, told …

News in Brief

Article • June 15, 2005 • from PLN June, 2005

Filed under: News, News in Brief

News in Brief by News in Brief: California: In February, 2005, police arrested Glen Westberg, 35, in Redwood City, for violating his parole conditions for his child molestation conviction. Westberg used the state's internet registry of sex offenders to contact other child molesters he found attractive and solicit them for …

PHS Responsible For Deaths Of New York Prisoners

Article • June 15, 2005 • from PLN June, 2005

Filed under: Private Prisons, Prison Health Services, Contractor Misconduct, Medical Misconduct, Medication, Nervous System, Cardiovascular, Medical Neglect/Malpractice

PHS Responsible For Deaths Of New York Prisoners by by Michael Rigby Prison Health Services (PHS) has killed another patient. According to a highly critical 10-page report released by the New York State Commission of Correction on June 23, 2004, the 2001 death of Brian Tetrault, a prisoner in the …

Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Be

Article • June 15, 2005 • from PLN June, 2005

Filed under: Misconduct/Corruption, Guard Misconduct, DOC/BOP misconduct, Criminal Prosecution, Guard Brutality/Beatings, Employee Litigation

Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Be by Veteran California Prison Official Promoted Despite Checkered Past; Folsom Lieutenant Fired After Being Convicted Of Lying In June, 2004, Jonathan L. Cobbs was promoted to the $97,000/yr. Chief Deputy Warden position at the California Correctional Institution …

Battle Over Judicial Secrecy Continues

Article • June 15, 2005 • from PLN June, 2005

Filed under: Court Access, Judiciary, Court Appearances, Disclosure of Records

Battle Over Judicial Secrecy Continues by by Michael Rigby As the trend towards secrecy in the U.S. judiciary continues to grow, so does the constitutional debate over such practices as sealing cases, hiding proceedings, and conducting clandestine searches. Recent decisions by the D.C. and Second Circuits have been favorable, but …

Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review

Article • June 15, 2005 • from PLN June, 2005

Filed under: Liberty Interests, Injunctions (PLRA), Death Row, Control Units/SHU/Solitary Confinement, Ad-Seg Hearings

Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review by Ohio Supermax Placement is Atypical & Significant Hardship; Supreme Court Grants Review By Bob Williams The United States Court of Appeals for the Sixth Circuit has ruled that Ohio state prisoners have a liberty interest under the …

Guantanamo: Nine Months after the Supreme Court Victory, the Island Remains a Prison Beyond the Law.

Article • June 15, 2005 • from PLN June, 2005

Filed under: Political Prisoners, Guard Brutality/Beatings, Habeas Corpus, International Law, Military, Military Prisons

Guantanamo: Nine Months after the Supreme Court Victory, the Island Remains a Prison Beyond the Law. by Rachel Meeropol By Rachel Meeropol Consider the situation of Moazzam Begg. He is a 35 year old man with dual British and Pakistani citizenship. In early 2002, he was seized from his apartment …

$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners

Article • June 15, 2005 • from PLN June, 2005

Filed under: Staff-Prisoner Assault, PLRA, Attorney Fees (PLRA), Damages

$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners by A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions …

Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense

Article • June 15, 2005 • from PLN June, 2005

Filed under: Retaliation for Filing Grievances, Prison Labor, Medical, HIV/AIDS, Failure to Protect (General), Qualified Immunity

Failure to Protect from HIV-Positive Prisoner Negates Qualified Immunity Defense by The Eighth Circuit Court of Appeals has held that prison officials are not entitled to qualified immunity in a civil rights action filed by three prisoners at South Dakota's Mike Durfee State Prison. The prisoners alleged that prison officials …

California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees

Article • June 15, 2005 • from PLN June, 2005

Filed under: Disciplinary Litigation, PLRA, Attorney Fees (PLRA), Injunctions (PLRA), Standing, Preliminary Injunctions/TRO's, Class Certification, Good Time, Habeas Corpus, RLUIPA, Religious Grooming, Denial of Religious Services

California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by California Muslims' Prayer Attendance And Religious Beard Injunction Made Permanent; $289,011 Awarded in Fees by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted summary judgment and entered a permanent injunction (PI) against the …

Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA

Article • June 15, 2005 • from PLN June, 2005

Filed under: Private Prisons, Corrections Corporation of America/CoreCivic, Transportation, Appointment of Counsel, Guard Brutality/Beatings, Restraints, Parties, Immigration

Immigration Detainee Wins Appointed Counsel And New Trial In Brutality Suit Against CCA by by John E Dannenberg An immigration detainee of seven years, who had unsuccessfully sued his jailer, Corrections Corporation of America (CCA) and its employees for severely beating him during a medical emergency transport, was granted a …

Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing

Article • June 15, 2005 • from PLN June, 2005

Filed under: Sentencing, Parole

Overdue California Lifer Entitled To Immediate Parole Release After Prevailing At Rescission Hearing by John Dannenberg by John E. Dannenberg The Marin County, California Superior Court ruled that a lifer who was twelve years overdue for release when he was finally granted parole, but who was then referred back to …

California Jail Suicide Lawsuit Settled For $840,000; Contract Health Care Inadequate

Article • June 15, 2005 • from PLN June, 2005

Filed under: Urinary, Medical Neglect/Malpractice, Mental Health, Failure to Treat (Mental Illness), Suicides

California Jail Suicide Lawsuit Settled For $840,000; Contract Health Care Inadequate by A three year old federal wrongful death lawsuit brought by the family of a Yolo County, California jail detainee who hanged himself was settled for $840,000 on September 1, 2004. Contract health care provider California Forensic Medical Group, …

Recharacterization Requires Notice Or Opportunity To Withdraw

Article • June 15, 2005 • from PLN June, 2005

Filed under: Complaints, Sentencing, Habeas Corpus

Recharacterization Requires Notice Or Opportunity To Withdraw by The U.S. Sixth Circuit Court of Appeals held that a Michigan prisoner's improperly filed medical claim should not have been recharacterized without his consent or an opportunity to withdraw, nor should it have been dismissed with prejudice. Eric Martin, a Michigan state …

Noncompliance With South Carolina Prevailing Wage Statute Grievable

Article • June 15, 2005 • from PLN June, 2005

Filed under: Work, Prison Industries

Noncompliance With South Carolina Prevailing Wage Statute Grievable by by Michael Rigby The South Carolina Supreme Court upheld the decisions of two circuit courts regarding the application of South Carolina's Prevailing Wage statute to prisoners. South Carolina's prevailing wage statute, S.C. Code Ann. 24-3-40, -410, -430 (Supp. 2002), requires the …